Legal Opinion

Blake v. Cruz

Idaho Supreme Court

Decided April 4, 1985No. 14510PublishedCited by 87 opinions

1Opinion of the Court

HUNTLEY, Justice.

This appeal presents two questions of first impression for this court: (1) whether to recognize a cause of action for “wrongful birth”, an action brought by parents against a physician whose professional negligence resulted in the birth of a child with congenital defects; and (2) whether to recognize a cause of action for “wrongful life”, where the action is brought by or on behalf of a child against a physician whose negligence caused the child’s birth.

We are also called upon to determine when the statute of limitations commences to run on a wrongful birth action. The trial…

2Cases cited33 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Eisenstadt v. BairdSupreme Court of the United States · 1972
  3. Becker v. SchwartzNew York Court of Appeals · 1978
  4. Berman v. AllanSupreme Court of New Jersey · 1979
  5. Harbeson v. Parke-Davis, Inc.Washington Supreme Court · 1983

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3Cited by87 opinions

  1. Bader v. JohnsonIndiana Supreme Court · 2000
  2. Bailey v. KhourySupreme Court of Louisiana · 2005
  3. Siemieniec v. Lutheran General HospitalIllinois Supreme Court · 1987
  4. McCoy v. LyonsIdaho Supreme Court · 1991
  5. In Re Estate of LongewayIllinois Supreme Court · 1989

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