Becker v. Schwartz
New York Court of Appeals
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
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Battalla v. StateNew York Court of Appeals · 1961
- Ferrara v. GalluchioNew York Court of Appeals · 1958
- Howard v. LecherNew York Court of Appeals · 1977
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