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SMITH v. COTE

No. 85-015.

128 N.H. 231 (1986)

HEATHER B. SMITH b/m/n/f LINDA J. SMITH AND LINDA J. SMITH v. NORMAN R. COTE, M.D., & a.

Supreme Court of New Hampshire.

July 9, 1986.

Attorney(s) appearing for the Case

Brown and Nixon P.A., of Manchester (Frank E. Kenison on the brief and orally), for the plaintiffs.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Gregory G. Peters & a. on the brief, and Theodore Wadleigh orally), for the defendants.

BATCHELDER, J.

In this interlocutory transfer of questions arising in a medical malpractice case, we address for the first time two difficult and troubling areas of the law of prenatal torts: wrongful birth and wrongful life.

The transferred record discloses the following facts. Plaintiff Linda J. Smith became pregnant early in 1979. During the course of her pregnancy Linda was under the care of the defendants, physicians...

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