Foote v. Albany Medical Center Hospital

OPINION OF THE COURT

Rose, J.P.

Plaintiffs’ son, who was born in 2003, suffers from severe physical and behavioral disabilities associated with a rare brain abnormality known as Joubert syndrome. They commenced this medical malpractice action alleging that defendants negligently failed to detect their son’s condition before his birth and that, if they had been informed of it early enough, they would have terminated the pregnancy. Defendants moved for summary judgment dismissing the action on the grounds that, among other things, plaintiffs have no legally cognizable injury because all medical…