The case of a New Jersey man — banned from a hospital delivery room by a judge who said the mother of his child had a right to privacy — is a close call, according to veteran legal analyst Kendall Coffey.
I'm not quite so sure about it.... This is really a patient's right of privacy," Coffey told "The Steve Malzberg Show" on Newsmax TV.
"[But] obviously, we guys have to recognize it is the woman that carried the baby and [is] delivering the baby and, in that sense, she is the patient."
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The landmark decision involved Rebecca DeLuccia and her estranged fiance, Steven Plotnick.
New Jersey Superior Court Judge Sohail Mohammed ruled that hospital patients alone get to determine who is allowed at the bedside — which includes "putative" fathers who want to see their children born.
"What I would love to see put into the mix of what are some difficult legal issues here is what about the best interest of a child," said Coffey, a founding member of Coffey Burlington LC in Miami.
"Isn'tit in the best interest of the child to have a completely committed father as well as, of course, a healthy mother?
"We all know that there are plenty of issues over the years of getting fathers to fully participate, fully support the child.... [And this is] a pivotal moment that could create a lifetime of bonding. That should be part of the discussion."
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