September 19, 2011
Baby Mixup Does Not Support Claim for Emotional Distress
A Brooklyn woman sued Long Island College Hospital after discovering that the nurses had given her the wrong baby to breast feed and that her baby had been given to another woman. The Appellate Division reveresed the trial court's denial of the motion to dismiss. It's a bit unclear from the story the exact claim brought (i.e., negligence, IIED, etc.), though the story reports that the plaintiff sought damages for "extreme emotional pain." The Brooklyn Eagle has the details.
Thanks to Meredith Miller for the story.
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