Catholic Hospital Argues Fetuses Are Not People In Malpractice Suit

[siligut]

10. New Years day and the on-call obstetrician never answered her page

Those seven-month old babies most certainly could have been saved but instead, they suffocated along with the mother because Dr. Pelham Staples didn't respond to her page.

I didn't find anything in the NY Wrongful Death Act online that referred to unborn children, but this is from Illinois.

(740 ILCS 180/2.2) (from Ch. 70, par. 2.2)
Sec. 2.2. The state of gestation or development of a human being when an injury is caused, when an injury takes effect, or at death, shall not foreclose maintenance of any cause of action under the law of this State arising from the death of a human being caused by wrongful act, neglect or default.
There shall be no cause of action against a physician or a medical institution for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given. Provided, however, that a cause of action is not prohibited where the fetus is live-born but subsequently dies.
There shall be no cause of action against a physician or a medical institution for the wrongful death of a fetus based on the alleged misconduct of the physician or medical institution where the defendant did not know and, under the applicable standard of good medical care, had no medical reason to know of the pregnancy of the mother of the fetus.
(Source: P.A. 81-946.)