Hughson v. St. Francis Hospital of Port Jervis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weinstein, J.
The issue before us is one of first impression in the appellate courts: whether there exists a cognizable independent cause of action on behalf of an infant, born alive, against a physician, for prenatal injuries arising out of the failure to obtain the informed consent of the mother. The question arises in the posture of a cross motion by the defendant physicians (hereinafter appellants) to dismiss the infant plaintiff’s second cause of action. (The first *132cause of action on behalf of the infant is for medical malpractice.) The pleadings and papers submitted…
2Cases cited9 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Eichner v. DillonNew York Court of Appeals · 1981
- Woods v. LancetNew York Court of Appeals · 1951
- Howard v. LecherNew York Court of Appeals · 1977
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3Cited by23 opinions
- Spano v. BertocciAppellate Division of the Supreme Court of the State of New York · 2002
- Nold Ex Rel. Nold v. BinyonSupreme Court of Kansas · 2001
- Ruffing v. Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Vandervelden v. VictoriaCourt of Appeals of Wisconsin · 1993
- Cody v. Village of Lake GeorgeAppellate Division of the Supreme Court of the State of New York · 1991
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