Stewart v. Long Island College Hosp
| Decision Date | 26 April 1972 |
| Parties | , 283 N.E.2d 616 Rosalyn STEWART, an infant, by her parent, Robert Stewart, Barbara Stewart and Robert Stewart, Appellants, v. LONG ISLAND COLLEGE HOSPITAL, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 35 A.D.2d 531, 313 N.Y.S.2d 502. Finley, Kumble, Underberg, Persky & Roth, New York City (Norman Roy Grutman, Lenore D. Kalmus, Donald Zimmerman, New York City, of counsel), for plaintiffs-appellants.
John E. Morris, New York City (Richard J. Burke, New York Ctiy, of counsel), for defendant-respondent.
Suit was brought against hospital by infant girl, who was born with defects, and by the girl's parents for failure to perform a therapeutic abortion. The Supreme Court, Kings County, 58 Misc.2d 432, 296 N.Y.S.2d 41, set aside a verdict in favor of the infant girl but did not set aside the verdict in favor of parents and an appeal and cross appeal were taken.
The Appellate Division modified the judgment and, as modified, affirmed. It held that the cause of action by the infant for hospital's failure to abort her mother who allegedly had rubella was not cognizable at law and that the allegations made by the parents that they had suffered physical pain and mental anguish by reason of hospital's failure to perform the therapeutic abortion and the resultant birth of defective child failed to state a cause of action. Appeals were taken.
In the Court of Appeals the appellants urged that the facts as found by jury must by accepted on the appeal, that finding of negligence implicit in general verdict was proper and that the causes of action were sufficient. The hospital urged that an action for wrongful life is not cognizable by courts, that there was no standard accepted practice in 1964 with respect to performance of abortions where there was a history of possible maternal rubella and that it was not malpractice for hospital's employee to recommend against a woman's procuring an abortion.
Order affirmed, without costs, on the opinion at the Appellate division.
All concur.
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Phillips v. United States, Civ. A. No. 79-553-8.
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Phillips v. United States
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Speck v. Finegold
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