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Will New York reform its antiquated Wrongful Death Statute where currently the death of a child or stay at home parent is “worthless”?

“Don’t cry,” I whispered to myself. “Lawyers don’t cry,” I said in my head as one renegade tear dripped down my cheek. There I was, trying to hold it all together for my client, Lainie, a young mother who had just lost her four year old son, Jason. As she spoke, she showed me pictures of Jason, beaming with life and vitality, only a few days before his death. Her gut wrenching sobs cut like a knife through my heart.

Lainie, along with her husband, were seeking my services in investigating the death and potential medical malpractice that led to the inconceivable loss of their young son. I advised her that we would start working on this case right away, and that we would seek justice for any medical malpractice that had occurred. I explained the process by which we file lawsuits in medical malpractice cases. I explained the investigation process, the review of medical records, the potential defendants, and the hiring of medical experts. I advised them of the claims we would bring, one for conscious pain and suffering, and one for wrongful death. What I had not told this mother at our initial meeting, who was vividly raw with angst and anger, was that her son’s case, also called a wrongful death case, was practically worthless under New York State Law.
“Don’t cry,” I whispered to myself. “Lawyers don’t cry,” I said in my head as one renegade tear dripped down my cheek. There I was, trying to hold it all together for my client, Lainie, a young mother who had just lost her four year old son, Jason. As she spoke, she showed me pictures of Jason, beaming with life and vitality, only a few days before his death. Her gut wrenching sobs cut like a knife through my heart.

Lainie, along with her husband, were seeking my services in investigating the death and potential medical malpractice that led to the inconceivable loss of their young son. I advised her that we would start working on this case right away, and that we would seek justice for any medical malpractice that had occurred. I explained the process by which we file lawsuits in medical malpractice cases. I explained the investigation process, the review of medical records, the potential defendants, and the hiring of medical experts. I advised them of the claims we would bring, one for conscious pain and suffering, and one for wrongful death. What I had not told this mother at our initial meeting, who was vividly raw with angst and anger, was that her son’s case, also called a wrongful death case, was practically worthless under New York State Law.

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