Bonbrest v. Kotz

McGUIRE, Justice.

The question raised by the motion is whether an infant through its father and next friend has a right of action springing from the alleged fact it was taken from its mother’s womb through professional malpractice, with resultant consequences of a detrimental character.

It is a novel one in this jurisdiction, and judicial opinion, in those where it has been met, 1 has held that at common law, in the absence of statute, prenatal injury affords no basis for an action in tort, in favor either of the child or its personal representative.

This conclusion is predicated, it appears, on…