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LECCESE v. McDONOUGH

361 Mass. 64 (1972)

279 N.E.2d 339

ARTHUR C. LECCESE, administrator and individually, & another vs. JAMES F. McDONOUGH & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 7, 1972.

Attorney(s) appearing for the Case

George R. Halsey (Robert I. Deutsch with him) for the plaintiffs.

David W. Kelley for the defendants.

Present: TAURO, C.J., CUTTER, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

CUTTER, J.

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...

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