Wade Clark Mulcahy LLP

The plaintiffs in an underlying wrongful death medical malpractice claim were questioned at their deposition as to whether they were involved in the baby's death -- ostensibly because the baby's autopsy revealed a subarachnoid brain hemorrhage a common sign of shaken baby syndrome. They allege that these questions caused them emotional distress and they commenced a lawsuit against the defense attorney who asked the questions. The trial court dismissed the suit on the grounds that the questions were directly related to the litigation.

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