Supreme Court of New Jersey

Ann Schroeder, by Her Guardian Ad Litem Marion Schroeder; and John Schroeder and Marion Schroeder

July 15, 198187 N.J. 53

Summary

The Supreme Court of New Jersey reversed the Appellate Division's partial summary judgment granting the physicians immunity from liability for the incremental medical costs of the second child and remanded for trial. The Court held that the physicians owed a duty to the parents to disclose the diagnosis, breached that duty, and that the parents could recover the medical expenses attributable to the wrongful birth.