Smith v. Cote Case Brief Summary | Law Case Explained

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Smith v. Cote | 513 A.2d 341 (1986)
If a doctor’s mistake leads to an unwanted pregnancy, the woman has a claim for wrongful conception. But what if a doctor’s mistake prevents a woman from terminating a pregnancy that she otherwise would’ve terminated? Does the woman have a claim for wrongful birth? Does the baby have a claim for wrongful life? The case Smith versus Cote considered these questions.
Four months into Linda Smith’s pregnancy, Doctor Norman Cote determined that Linda had been exposed to rubella during pregnancy. Cote didn’t tell Linda that prenatal rubella exposure increases the likelihood of health issues in the baby. Linda gave birth to Heather Smith, who was born with multiple health issues caused by the rubella exposure.
Linda claimed that if she’d known about the potential for these health concerns, she would’ve gotten an abortion. Four years after Heather was born, Linda sued Cote for wrongful birth, seeking damages for emotional and financial damages that resulted from caring for Heather’s health. Heather brought a similar claim for wrongful life, seeking damages for the increased costs of living with her health challenges and for the harm of being raised by a mother who wasn’t prepared for Heather’s condition. Cote moved to dismiss the claims as invalid.
Before ruling on the motion, the superior court certified questions to the New Hampshire Supreme Court, asking whether the state recognized either a parent’s claim for wrongful birth or a child’s claim for wrongful life in these circumstances and, if so, what damages were available.
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