JO'ELL SHEPPARD-MOBLEY, by His Father and Natural Guardian, LEMUEL MOBLEY, et al., Respondents,
v
LESLIE KING, M.D., et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 21, 2005.
Decided May 10, 2005.
Attorney(s) appearing for the Case
McAloon & Friedman, P.C., New York City (Timothy J. O'Shaughnessy and Lawrence W. Mumm of counsel), for Leslie A. King, M.D. and another, appellants.
Marulli & Associates, P.C., New York City (John Tomaszewski and Pamela M. Gleit of counsel), for Ira J. Spector, M.D., appellant.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Steven C. Mandell of counsel), for Sheila Kumari-Subaiya, M.D. and another, appellants.
Davidson & Cohen, P.C., Rockville Centre (Bruce E. Cohen of counsel), for respondents.
Law Offices of Michael A. Haskel, Mineola (Michael A. Haskel of counsel), for University Associates in Obstetrics and Gynecology, P.C., amicus curiae.
Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro and Richard J. Montes of counsel), for New York and Presbyterian Hospital and others, amici curiae.
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Steven J. Ahmuty, Jr. of counsel), and Susan C. Waltman, New York City, for Beth Israel Medical Center and others, amici curiae.
Michael A. Cardozo, Corporation Counsel, New York City (Fay Leoussis, Laurel Hoffman, Kristin M. Helmers and Alan G. Krams of counsel), for New York City Health and Hospitals Corporation, amicus curiae.
Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Edward J. Guardaro, Jr. of counsel), for Combined Coordinating Counsel, Inc., amicus curiae.
Shoshana T. Bookson, New York City, Val Washington, Clifford S. Nelson and Glenn von Nostitz for New York State Trial Lawyers Association, Inc., amicus curiae.
LeBoeuf, Lamb, Greene & MacRae, L.L.P, New York City (Jay G. Safer and Brian K. Friedman of counsel), for Medical Society of the State of New York and another, amici curiae.
Court of Appeals of the State of New York.
OPINION OF THE COURT
G.B. SMITH, J.
In Broadnax v Gonzalez and Fahey v Canino (2 N.Y.3d 148 [2004]), this Court held that medical malpractice resulting in a miscarriage or stillbirth must be construed as a violation of the duty of care to the expectant mother, entitling her to damages for emotional distress. This case calls upon us to determine whether an expectant mother may recover damages for emotional...
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