Legal Opinion

Smith v. Cote

Supreme Court of New Hampshire

Decided July 9, 1986No. 85-015PublishedCited by 77 opinions

1Opinion of the CourtBatchelder, J.

In this interlocutory transfer of questions arising in a medical malpractice case, we address for the first time two difficult and troubling areas of the law of prenatal torts: wrongful birth and wrongful life.

*234The transferred record discloses the following facts. Plaintiff Linda J. Smith became pregnant early in 1979. During the course of her pregnancy Linda was under the care of the defendants, physicians who specialize in obstetrics and gynecology. Linda consulted the defendants on April 8, 1979, complaining of nausea, abdominal pain and a late menstrual period. The defendants prescribed…

2Cases cited49 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Thornburgh v. American College of Obstetricians and GynecologistsSupreme Court of the United States · 1986
  3. In Re QuinlanSupreme Court of New Jersey · 1976
  4. Becker v. SchwartzNew York Court of Appeals · 1978
  5. Tobin v. GrossmanNew York Court of Appeals · 1969

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3Cited by77 opinions

  1. Jeffrey Kassel v. Gannett Co., Inc., D/B/A "Usa Today,"Court of Appeals for the First Circuit · 1989
  2. Siemieniec v. Lutheran General HospitalIllinois Supreme Court · 1987
  3. Porter v. City of ManchesterSupreme Court of New Hampshire · 2004
  4. Lininger Ex Rel. Lininger v. EisenbaumSupreme Court of Colorado · 1988
  5. Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Center, and Fort Madison Physicians and SurgeonsSupreme Court of Iowa · 2017

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