Lynch v. Scheininger

The opinion of the Court was delivered by

STEIN, J.

This appeal presents an issue of first impression concerning recognition of and limitations on a physician’s liability for a preconception tort allegedly resulting in harm to a child conceived after the negligence occurred. The questions that primarily will determine our resolution of this appeal are first, whether the parents’ voluntary act of conception, although aware of an increased risk of harm to a child born of the pregnancy, is a superseding cause that reheves the physician of liability, and second, whether communication of an adequate…