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· 12/28/1982

Miles v. Edward O. Tabor, M.D., Inc.

Citations

  • 443 N.E.2d 1302
  • 387 Mass. 783

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a r iother who suffered emotional distress as the result of a doctor’s negligence at her son’s birth, which led to the son’s death two months later, did not have a cause of action
  • holding that where a doctor’s negligence caused a baby to die two months after the negligent act occurred, the mother could not recover because her emotional distress did not follow closely on the heels on the negligent acts
  • holding that plaintiffs claims for grief and sorrow over her son’s death were indistinct from her claim for wrongful death, because there was insufficient evidence that such emotional suffering resulted from witnessing the conduct that caused the plaintiffs son’s death.
  • refusing to permit mother to recover for negligent infliction of emotional distress by a doctor whose negligence at her son’s birth resulted in son’s death two months later
  • mother who suffered emotional distress as the result of doctor’s negligence at her son’s birth, which led to the son’s death two months later, did not have a cause of action
  • claim for negligent infliction of emotional distress arising from physician’s alleged malpractice was cognizable but failed because there was insufficient evidence of emotional distress at or around time of alleged malpractice

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkins, Abrams, Nolan, Lynch, O'Connor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.