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New Jersey father’s emergency petition dropped in birth injury lawsuit


Jan Feb 27 2022 4:57pm

  • New Jersey law limits emergency claims in medical injury cases
  • Immediate assignment of the violation to the actions of the provider is required

A father who witnessed the birth of his baby lost a bid to hold providers responsible for emotional distress damages because he didn’t simultaneously connect their injury to their actions, a New Jersey federal court said.

New Jersey will recognize a cause of negligent emotional distress in medical malpractice cases only if a plaintiff alleges that he immediately linked a patient’s condition to alleged misconduct by a provider, the U.S. District Court for the District of New Jersey said .

Alexander Bien-Aime’s daughter was born in 2017 at Inspira Medical Center in Vineland, NJ. The birth was complicated and the baby…

Maria Anne Pazanowski

legal reporter

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