The incident from 2006 is now the subject of a criminal investigation and a massive civil lawsuit by the mother, Sycloria Williams. It is a novel case where the mother wanted to abort the baby but can now sue for wrongful death of her daughter because she was born live. The emotional distress and negligence claims, however, appear obvious, as noted earlier.
This is the type of case that demonstrates the fallacy of caps on malpractice. A $250,000 cap in such a case would be a mockery given the level of shocking conduct and obvious emotional distress. Moreover, the loss of child in any case far exceeds such damages, which would be viewed as a small case in contracts or other fields. For an earlier column, click here.
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