Legal Opinion · Dissent

Becker v. Schwartz

New York Court of Appeals

Decided December 27, 1978Published

1DissentWachtler, J.

Insofar as this opinion relates to the case of Becker v Schwartz, I agree with the majority that the suit for "wrongful life” brought on behalf of the infant should be dismissed. I would, however, also dismiss the parents’ collateral suit for the expense of rearing an unwanted child.

A doctor who provides prenatal care to an expectant mother should not be held liable if the child is born with a genetic defect. Any attempt to find the physician responsible, even to a limited extent, for an injury which the child unquestionably inherited from his parents, requires a distortion or abandon*418ment of…

2Cases cited15 opinions

  1. Tobin v. GrossmanNew York Court of Appeals · 1969
  2. Johnson v. State of New YorkNew York Court of Appeals · 1975
  3. Battalla v. StateNew York Court of Appeals · 1961
  4. Ferrara v. GalluchioNew York Court of Appeals · 1958
  5. Howard v. LecherNew York Court of Appeals · 1977

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