Search PubMed⌕ Search

SEARCH · Search PubMed

Results for “Medical Liability”

Search indexed PubMed citations on genomics, clinical trials, systematic reviews and public health. Explore titles, authors and supplied subject terms, then open the PubMed record.

Quote a phrase for an exact phrase match. Source license links do not imply unrestricted reuse.

At least 1,009 records · Page 56Linked to original sources
PubMed1988

Lynch v. Bay Ridge Obstetrical and Gynecological Associates, 27 October 1988.

The Court of Appeals of New York allowed a medical malpractice action for physical and emotional injuries suffered by the plaintiff as a result of a physician's erroneous advice that she was not pregnant. The plaintiff alleged that the advice led her to ingest a drug that had a harmful effect on her fetus and forced her either to risk having a congenitally defective child or, as she ultimately decided, to undergo an abortion, against her personal, moral, and religious convictions. The Court distinguished this action from an action for recovery for emotional distress resulting from injuries inflicted on a fetus, which is not recognized in New York.

Abortion, Induced↗
PubMed1988

Wilson v. Kuenzi, 17 May 1988.

The parents of a child born with Down's Syndrome brought a wrongful birth action on their own behalf and a wrongful life action on the behalf of their child against their physician, claiming that he had failed to advise the mother of the availability of amniocentesis, thus precluding her from having an abortion to prevent birth. The Court dismissed the actions, ruling that no such actions were recognized in Missouri in 1983, the time that the negligence of the physician was alleged to have occurred. In 1988, other US courts held as follows with respect to wrongful birth, wrongful life, and wrongful pregnancy actions: 1) no recovery allowed for costs of rearing a healthy child born as a result of failed sterilization or abortion (Marciniak vs. Lundborg, Court of Appeals of Wisconsin, 15 November 1988 [147 Wis.2d 556]); (Johnson vs. University Hospitals of Cleveland, Court of Appeals of Ohio, 14 January 1988 [1988 Ohio App. Lexis 228]); (Harmath vs. Goler, Court of Appeals of Ohio, 22 December 1988 [1988 Ohio App. Lexis 5196]); (Butler vs. Rolling Hill Hospital, Common Pleas Court of Philadelphia County, 2 March 1988 [17 Phila. 134]); (Goforth vs. Porter Medical Associates, Inc., Supreme Court of Oklahoma, 31 May 1988 [755 P.2d 678]); (Wofford vs. Davis, Supreme Court of Oklahoma, 18 October 1988 [764 P.2d 161]); 2) recovery of expenses allowed for pregnancy, delivery, and pain and suffering, but not for special expenses regarding deformity of child born as the result of a failed tubal ligation (Pitre vs. Opelousas General Hospital, Supreme Court of Louisiana, 12 September 1988 [530 So.2d 1151]); 3) action for wrongful birth not allowed with respect to child born with undiagnosed Down's Syndrome (Rolf vs. Youngblood, Missouri Court of Appeals, 3 May 1988 [753 S.W.2d]); 4) recovery allowed of costs of medical and hospital expenses, physical and mental pain and suffering, lost wages, and punitive damages, but not costs of rearing a healthy child (C.S. vs. Nielson, Supreme Court of Utah, 6 December 1988 [767 P.2d 504]); and 5) recovery of costs of rearing child born with genetic birth defects subsequent to assurances that child would be normal and damages for the mother's emotional distress are allowed, but not extraordinary medical expenses incurred by the child after the parents' death (Gallagher vs. Duke University, US Court of Appeals, Fourth Circuit, 28 July 1988 [852 F.2d 773]).

Abortion, Induced↗
PubMed1996

New York appeals court finds state not liable for death after physician under review performed abortion.

On March 7, the Supreme Court of New York, Appellate Division, Third Department, ruled that the husband and estate of a woman who died following an abortion performed by a physician whose license was under review cannot sue state officials for damages for her wrongful death. Writing for a unanimous five-judge panel in Negron vs. State of New York, Judge Edward Spain held that the state public health law explicitly grants immunity to members of the Board for Professional Medical Conduct's Hearing Committee and the Commissioner of Health for discretionary actions taken within the scope of their duties. Although the Hearing Committee revoked the medical license of the physician--Dr. David Benjamin--for "gross incompetence and negligence" in June 1993, he was permitted to continue practicing while he unsuccessfully appealed that determination. In July 1993, while his appeal was pending, Dr. Benjamin performed an abortion on Guadalupe Negron, who died after he tore her uterus during the procedure. The plaintiffs asserted that the Commissioner was required to summarily suspend the physician's license after the Hearing Committee's ruling and that his failure to do so was an abdication of his statutory responsibility. The court found instead that the state officials had the discretion to decide whether to immediately suspend the physician's license. In August 1995, a jury convicted Dr. Benjamin of second-degree murder; he was sentenced to 25 years to life in prison the next month. CRLP filed an amicus brief in Negron vs. State of New York on behalf of the plaintiffs.

Abortion, Induced↗