Unborn child can file charges of negligence, according to appeals court decision
Released on = June 13, 2007, 1:20 pm
Press Release Author = Lala C. Ballatan
Industry = Law
Press Release Summary = The state's Court of Appeals in Madison ruled that a child that has been conceived but was not yet born during a time when a negligent act is committed against him or her could later sue for personal injury charges of negligence. This state appeals court ruling contradicted an earlier decision of a judge from Walworth County. The judge dismissed a lawsuit for medical malpractice filed on behalf of a boy aged 2 years old whose father passed away because of colon cancer.
Press Release Body = The state's Court of Appeals in Madison ruled that a child that has been conceived but was not yet born during a time when a negligent act is committed against him or her could later sue for personal injury charges of negligence. This state appeals court ruling contradicted an earlier decision of a judge from Walworth County. The judge dismissed a lawsuit for medical malpractice filed on behalf of a boy aged 2 years old whose father passed away because of colon cancer.
Los Angeles, California, June 12, 2007 - The Court of Appeals of District 2 was the one who have decided otherwise and claimed that Judge Michael Gibbs of Walworth County should not have issued a dismissal to the suit, which was filed on behalf of a child from Delavan named Joseph Brusa Jr.
Brusa Jr.'s father died on November 2004 due to colon cancer. However, during that time, the child Joseph Brusa Jr. was not yet born. However, Gibbs' conclusions are wrong that Joseph Jr. cannot sue just because for the fact that he was not yet born until 18 months when Joseh Sr.'s ailment was allegedly misdiagnosed by a certain Dr. Robert Fasano.
According to Gibb's court decision, also tied Joseph Sr.'s injury to the diagnosis given by Dr. Fasano on December 27, 2003 which is "probable diverticulitis." There was also a recommendation for a colonoscopy follow up.
Following the colonoscopy taken by Joseph Sr. in February 2004, it revealed that there was a tumor. It was removed by a surgery and Brusa recuperated through chemotherapy. However, in September, the cancer returned.
In November 2003, Brusa's girlfriend found out that she was with child and they were married in March 2004. Joseph Jr. was born on July 9, 2004 and 4 months later, his father Joseph Sr. died.
The lawsuit filed against Dr. Fasano claimed that the medical practitioner was negligent because of failure to diagnose Brusa's cancer immediately. It was filed in behalf of Joseph Jr.
Thus, the Court of Appeals ruled that even though a child was not yet born during the time of the injury, he could still sue for medical malpractice resulting to his loss of a parent's companionship. Subsequently, the Court of Appeals returned the case to Gibbs. Mesriani and Associates are composed of brilliant and experienced trial attorneys in personal injury cases. We have the special skills for personal injury litigation and trial work. For more information please log on to our website www.mesriani.com
Web Site = http://www.mesrianilaw.com
Contact Details = contactus@mesrianilaw.com
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