In Ferrara v. Bernstein 81 N.Y.2d 895, 613 N.E.2d 542, 597 N.Y.S.2d 636, [1993], the plaintiff sued the physician that performed an abortion on her and did not properly inform her that the procedure was not completed. One week after the abortion the facility received a pathological report that indicated the plaintiff could still be pregnant. The plaintiff skipped a follow up appointment and she was never notified of this possibility. Twenty days after the procedure the plaintiff in Ferrara presented to an emergency room in New Jersey where she gave birth to a 4 1/2 inch baby. While the baby dangled from her, she was taken by wheelchair with the child on her lap to an examining room. The treating physician at the emergency room held the 4 1/2 inch baby up to the mother and said, "I want you to see that this is a fetus, that it is a baby, that it is not some tissue passed." Id at 897. The plaintiff then sued the physician that performed the abortion for negligence in failing to advise her of the results of the pathological report. After trial in Ferrara, the plaintiff was awarded $ 125,000 in damages for pain and suffering, and $ 20,000 for emotional distress. In affirming the award of damages for emotional distress the Court found that the malpractice was based on the physician's failure to advise the plaintiff of her condition that caused her physical and emotional injuries. Id. at 898.