New York Courts deny damages to couple who aborted after being mistakenly told their baby would have a disability
By Dave Andrusko
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The confirmation of the January 29 jury verdict by a panel of the Fourth Judicial Department in the Appellate Division did not specify what disability Collette and Jeffrey Alger were mistakenly told their baby would have.
The issue was not whether the diagnosis was incorrect. It was rather the jury’s conclusion that the negligence “was not a proximate cause of plaintiffs’ injuries,” a verdict which the higher New York court declined to overturn.
“We conclude that there is a fair interpretation of the evidence pursuant to which the jury could have found that defendants Hospital and Wang were negligent in reporting erroneous test results to plaintiffs, but that their negligence did not proximately cause plaintiffs’ injuries,” the five-member panel concluded in its February 7 two-page decision
Source:NRLC News
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