In Martinez v. Long Island Jewish Hillside Medical Center (70 N.Y.2d 697 [1987]) the Court of Appeals allowed recovery for emotional distress to a woman who, while pregnant, was negligently advised that her baby would be born with a congenital birth defect. Consequently, she terminated the pregnancy. She later learned that the medical advice was erroneous and that the abortion was entirely unnecessary. Mrs. Martinez alleged that abortion violated her deep-seated convictions and that she therefore suffered mental anguish and depression. (Martinez v. Long Is. Jewish Hillside Med. Ctr., 70 NY2d at 699.) In permitting Mrs. Martinez to pursue a claim for emotional distress, the Court emphasized that the "emotional distress for which she [sought] recovery [did] not derive from what happened to the fetus; it derives from the psychological injury directly caused by her agreeing to an act which, as the jury found, was contrary to her firmly held beliefs." (Id.)