Legal Opinion
O'Toole v. Greenberg
New York Court of Appeals
Decided March 26, 1985PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
A medical malpractice action brought by a husband and wife seeking recovery of the ordinary costs of raising a healthy, normal child, bom after an unsuccessful birth control operation, does not state a legally cognizable claim.
According to plaintiffs’ verified complaint,1 on January 11, 1980, a tubal ligation procedure was negligently performed upon plaintiff Susanne O’Toole while under the care of defendants, Benjamin Greenberg, M.D., Arthur Leber, M.D., and the Jamaica Hospital and Family Practice Clinic. Plaintiff, nonetheless, became pregnant and gave birth to…
2Cases cited14 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Woods v. LancetNew York Court of Appeals · 1951
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Coleman v. GarrisonSupreme Court of Delaware · 1975
- Cockrum v. BaumgartnerIllinois Supreme Court · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Smith v. GoreTennessee Supreme Court · 1987
- Soto Cabral v. Estado Libre AsociadoSupreme Court of Puerto Rico · 1995
- Byrd v. Wesley Medical CenterSupreme Court of Kansas · 1985
- Miller v. JohnsonSupreme Court of Virginia · 1986
- Torres Ortiz v. PláSupreme Court of Puerto Rico · 1989
38 more not listed; retrieve them via the Exa API.