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HUGHSON v. ST. FRANCIS HOSP.

92 A.D.2d 131 (1983)

Durinda Hughson, an Infant, by Her Father and Natural Guardian, William Hughson, Respondent, v. St. Francis Hospital of Port Jervis, Defendant, and Stanley Brunn et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 7, 1983

Attorney(s) appearing for the Case

Meiselman, Farber, Stella & Moran, P. C. (Myra I. Packman of counsel), for appellants.

Pegalis & Wachsman, P. C. (Roger K. Solymosy of counsel), for respondent.

GIBBONS, J. P., THOMPSON and RUBIN, JJ., concur.

WEINSTEIN, J.

The issue before us is one of first impression in the appellate courts: whether there exists a cognizable independent cause of action on behalf of an infant, born alive, against a physician, for prenatal injuries arising out of the failure to obtain the informed consent of the mother. The question arises in the posture of a cross motion by the defendant physicians (hereinafter appellants) to dismiss the infant plaintiff's second cause of...

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