DANSBY v. THOMAS JEFFERSON UNIV. HOSP.


424 Pa.Super. 549 (1993)

623 A.2d 816

Michael DANSBY and Margery Dansby, Appellants, v. THOMAS JEFFERSON UNIVERSITY HOSPITAL, Susan Cowchock, M.D., Laird G. Jackson, M.D. and Ellis, Michaelson, McDonald & Associates, P.C., Appellees.

Superior Court of Pennsylvania.

Filed March 19, 1993.

Reargument Denied May 17, 1993.


Attorney(s) appearing for the Case

Leslie A. Mitnick, Doylestown, for appellants.

Glenn M. Campbell, Philadelphia, for Thomas Jefferson University Hosp., Cowchock, M.D. & Jackson, M.D., appellees.

Denise Lamay, Plymouth Meeting, for Ellis, Michaelson, McDonald & Associates, P.C., appellees.

Before WIEAND, FORD ELLIOTT and HOFFMAN, JJ.


WIEAND, Judge:

In this action for the wrongful birth of a child, the trial court held that the action was barred by Pennsylvania's wrongful birth statute, 42 Pa.C.S. § 8305(a), and sustained preliminary objections in the nature of a demurrer to the complaint. On appeal, the plaintiff husband and wife argue, as they did in the trial court, that the statutory ban on actions for wrongful birth is unconstitutional...

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