Leccese v. McDonough

A Superior Court judge sustained the demurrer of each of the defendants, two doctors, in an action of tort for negligence in giving prenatal care to the plaintiff administrator’s intestate (the Leccese foetus). The declaration alleges that in October, 1969, the Leccese foetus “was a viable child in the womb” and that, “in consequence of” each defendant’s negligence in treating it over seven months, it “suffered great pain of body and mind, and subsequently died.” The action is “for the benefit and use of the next of kin” under G. L. c. 229 (see fn. 1). The plaintiffs admit “for purposes of…