Giardina v. Bennett

The opinion of the Court was delivered by

HANDLER, J.

In this case, we deal with the claim of a distraught wife and husband, who contend that their baby was stillborn as a result of the negligence of their obstetrician. The far-reaching question posed by this claim is how our tort system should respond to the negligently caused death of a fetus. The immediate question that is presented is whether this claim gives rise to a statutory right of recovery under the state’s Wrongful Death Act. We conclude that the medical malpractice causing an infant stillbirth constitutes a tort against the…