SanMiguel v. Grimaldi

Summary

The Court of Appeals held that the rule barring a birthing parent from recovering purely emotional damages for prenatal injuries to a child born alive applies equally to a lack-of-informed-consent claim because that claim is a form of medical malpractice. The Court declined to overrule that precedent, concluding that the rule remains workable and consistent with New York's limited exceptions for emotional-distress recovery. It therefore reversed the Appellate Division insofar as relevant and directed dismissal of the mother's informed-consent claim.