LYNCH v. SCHEININGER


744 A.2d 113 (2000)

162 N.J. 209

Gale Ann LYNCH and Robert Louis Lynch, her husband, and Joseph Lynch, an infant, by his Guardians ad Litem, Gale Ann Lynch and Robert Louis Lynch, and Gale Ann Lynch and Robert Louis Lynch, individually and per quod, Plaintiffs-Respondents, v. Laurence M. SCHEININGER, M.D., Defendant-Appellant, and Estate of Jerrold S. Finkel, M.D., Paul Drucker, M.D., Lawrence A. Seitzman, M.D., Drs. Finkel, Drucker & Seitzman, Professional Association, Druckers, Seitzman & Scheininger Professional Association, either a corporation, partnership, individual proprietorship, John F. Kennedy Medical Center, and Stephen A. Grochmal, M.D., Defendants.

Supreme Court of New Jersey.

Decided January 25, 2000.


Attorney(s) appearing for the Case

Hugh P Francis, Morristown, for defendant-appellant (Francis & O'Farrell, attorneys; Mr. Francis and John O'Farrell of counsel; Beth A. Hardy, on the briefs).

Richard C. Swarbrick, Piscataway, for plaintiffs-respondents.


The opinion of the Court was delivered by STEIN, J.

This appeal presents an issue of first impression concerning recognition of and limitations on a physician's liability for a preconception tort allegedly resulting in harm to a child conceived after the negligence occurred. The questions that primarily will determine our resolution of this appeal are first, whether the parents' voluntary act of conception, although aware...

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