Dotson v. Bernstein

Judge CONNELLY

specially concurring.

I agree plaintiff has stated a valid claim for negligent failure to terminate her pregnancy. While the child's "existence ... does not constitute a legally cognizable injury," Lininger v. Eisenbaum, 764 P.2d 1202, 1210 (Colo.1988), plaintiff may seek recovery for injuries arising out of her own continued pregnancy and delivery. The majority concludes that as long as plaintiff is entitled to at least some relief, it is premature to decide whether she may also seek child-rearing expenses. But because a child's existence cannot constitute a legally cognizable…