Posted on 08/29/2015 3:04:16 PM PDT by Morgana
RIDGEPORT — A Stamford doctor can be sued for allegedly causing the death of a baby while removing an intrauterine device from the mother, a judge ruled Wednesday.
The case came down to whether a 22-week-old baby, which was born alive but died soon afterward, can be considered a plaintiff in a wrongful death lawsuit.
Lawyers for Dr. Corrinne de Cholnoky claim it was not a viable baby, and therefore the lawsuit should be dismissed.
But in a 25-page decision, Superior Court Judge Michael Kamp ruled it is not the age of the fetus, but the fact that it was born alive that matters.
“This is a complex issue other courts have wrestled with in the past,” the judge stated. “No Connecticut law provided by the defendants or discovered by the court suggests that there is a viability requirement for infants born alive when they were not viable fetuses immediately prior to their birth.”
The case is now scheduled for a jury trial on Oct. 14.
David Slossberg, the attorney for the mother, Melanie Foster, declined to comment on the case. De Cholnoky’s lawyer, James Rosenblum, wouldn’t comment on the ruling but called his client’s treatment of Foster, “Medically defensible.”
(Excerpt) Read more at ctpost.com ...
I hope so.
Oh oh. Bad news for the baby murdering butchers down at the PP Butchering and Meat Packing Co.
It took 25 pages?
As an RN with experience in NICU and Labor and Delivery, from what’s stated in the article it sounds like he’s definitely guilty of blatant malpractice which ultimately led to the baby’s death.
Oh what a tangled web we weave when first we practice to........Abort!
This doctor should be charged, however, why did this mother wait until her baby was 22-weeks-old to have the intrauterine device removed? It should have been removed long before the baby reached this age.
There have been babies born holding an IUD in one of their little hands.
Sounds like mom got quite a nasty infection!
IUD’s and pregnancy isn’t a good combo. I happen to know another young woman who just had to have a fallopian tube removed due to ectopic pregnancy/rupture. She had a quart of blood in her belly and was only 4-5 weeks along. Apparently the hormone part didn’t do it’s job in preventing pregnancy.
Doc might have legally fared better as an abortionist.
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