Judge Dismisses Emotional Distress Suit Stemming from Malpractice Case

By Robert Carrier

Published on October 02, 2007

Andrew and Phyllis Rabinowitz filed a medical malpractice suit against St. Barnabas Medical Center in Livingston and emergency room physician Lynn Reyman, claiming that the defendants were negligent in their care of the Rabinowitzes' 6-day-old child. After being refused treatment at the health care facility, the child died two days later.

During the course of the medical malpractice case, in which the healthcare facility argued that the baby had no treatable symptoms when presented to the hospital, the defense counsel asked Andrew Rabinowitz if he felt his wife had anything to do with the death of their infant daughter. The incident created some tension in the courtroom, ending in an exchange in which Mr. Rabinowitz labeled the attorney's line of questioning "garbage."

The claim filed against Wahrenberger, the defense attorney, alleged that the line of questioning was indecent and further exacerbated the Rabinowitz' emotional distress and trauma. However, Superior Court Judge Alfonse Cifelli dismissed the case before it could get started, stating that he didn't find the questions asked to be extreme or outrageous.

Andrew and Phyllis Rabinowitz' attorney, Bruce Nagel, is likely to appeal the decision.

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