Karen Broadnax, Appellants v. Frederick A. Gonzalez, Respondents; Debra A. Fahey, Appellants…

Summary

The New York Court of Appeals reversed the Appellate Division orders in both the Broadnax and Fahey cases, holding that a mother may recover damages for emotional distress caused by medical malpractice that results in miscarriage or stillbirth even without an independent physical injury. The majority overruled the prior rule in Tebbutt v. Virostek, while a dissent argued to retain that rule.