In Nieves v. Montefiore Med. Ctr., 305 A.D.2d 161, 760 N.Y.S.2d 419 (1st Dep't 2003), the estate of the mother (who died in childbirth) had a claim against the defendant physicians for failure to recommend an abortion, while the child (who survived with brain damage) had a claim against the defendant physicians for injuries resulting from the physicians' failure to properly monitor the mother during pregnancy. The infant's claims existed only because the fetus was not, indeed, aborted, which would be a necessary element of the parents' claims that but for the negligence of the defendants, the fetus would have been aborted.