This isn't one of my usual criminal justice themes, but it does have to do with courts and hits close to home.
Just read this article in the NYTimes about women suing hospitals after stillbirth. I have such mixed feelings about that. They are suing because they felt that malpractice by the doctors and the hospital caused the death of their babies, and they are asking to be compensated for emotional distress to the tune of 1 million dollars. One case in Brooklyn succeeded. On the one hand, such a payout will most certainly lead to the hospital being much more careful. On the other hand... only in about 30% of stillbirths is the cause known. How can you put a price on the mother's emotional distress? It is hard to go through that, but it is hard to lose your baby or child at any point in time and I'm hesitant to say that suing actually would help alleviate the emotional distress. Especially if the court cases drags on for 13 years like the Brooklyn one did. People die. There are accidents. People make mistakes. Doctors aren't perfect. People have the right to sue if they want to, but my gut says- money and fighting won't help you heal.
Two New York cases offer a view of the legal system’s first computations to set a new value on elemental maternal loss.
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