Setting a precedent, the Pennsylvania Supreme Court decided in December that the claim of “negligent infliction of emotional distress” now has an expanded definition that will include people who were emotionally harmed but have no physical damage by medical negligence.
This decision was made based on a court case involving a new mother name Jeanelle Toney who gave birth to a deformed baby and was not told in advance about the baby’s deformities by the radiologist conducting the ultrasounds. This situation incited a legal battle between Toney and the radiologist, the hospital, and the University of Pennsylvania, which went through a trial, the appellate court, and the Supreme Court of Pennsylvania. This was the first case of its kind, and it will go back to trial.
If you have been a victim of medical negligence, contact Pennsylvania medical malpractice attorneys of Lowenthal & Abrams, P.C. by calling 610-667-7511.