Monday, January 28, 2013

Court Rejects Attempt to Expand Broadnax

In Nadal v. Jaramillo, the plaintiff learned that she was pregant after a CT scan. She brought a medical malpractice against her physician claiming that her physician knew she was pregant before the CT scan, but failed to inform her that she was pregnant.  The only damages alleged were that the plaintiff suffered emotional distress from the fear that her unborn child might be harmed by the CT scan. The Second Department noted that New York courts "have been reluctant to recognize claims grounded in negligence when the damages are solely emotional" and dismissed, holding that New York has never recognized a theory as broad as plaintiff stated here.

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