Birth Injury - You the Parent Can Sue for Emotional Distress and Trauma
If your child suffered birth injuries or damages during the pregnancy, Pennsylvania allows parents to recover damages for their own emotional distress, upset and trauma. Berger & Lagnese helps you find out if this law applies to your case.
Here are some examples of recent cases on this issue. In one case, a mother suffered emotional distress trauma when she saw her severely deformed baby at birth after being informed that the baby was normal based on ultrasound during her pregnancy. She was permitted to sue the ultrasound doctor for negligent infliction of emotional distress. (Toney v. Chester County Hospital, 961 A.2d 192 (Pa. Super. 2008) (en banc).
In another case, parents who witnessed their child's medical treatment and later their child's death were allowed to sue for money damages for their own emtional distress. (Weaver v. UPMC, 2008 U.S. Dist. Ct. LEXIS 57988 (W.D.
Our firm will review your case for free and help you bring action against the medical providers.