A recent New York Court of Appeals decision may mean an increasing number of malpractice cases against obstetricians, gynecologists and hospitals in relation to miscarriage or stillbirth. In Broadnax v. Gonzalez (2004), the court reasoned that a physician owes a duty of care not only to a mother, but also to her fetus. The mother may recover for emotional injuries, even when she has not suffered an independent physical injury. The court stated that the duty a physician owes to the mother is the same duty regardless of the outcome of the delivery: a normal healthy child, a child with defects, or a stillborn child.

Damages for emotional distress claims are difficult to assess.  Damage awards may be the result of a jury’s determination of the value of the pregnancy and "potential" baby to a woman.  PDF

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