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TERESA BACANI v. ROSENBERG, M.D.

52 A.D.3d 417 (2008)

861 N.Y.S.2d 24

MARIA TERESA BACANI et al., Appellants, v. LISA ROSENBERG, M.D., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 26, 2008.

The court properly dismissed the wrongful death claim on behalf of a stillborn fetus in this medical malpractice action. It has long been the law in this State that there is no right of recovery under our wrongful death statute (EPTL 5-4.1) for a fetus stillborn as a result of injuries received while en ventre sa mere (Endresz v Friedberg, 24 N.Y.2d 478, 485 [1969]). We find no basis for departing from this long-standing and well...

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