What is the test for a cause of action where a doctor causes an infant to be born prematurely?

But the problems extend beyond causation. There is also the question as to what right the doctor violated and to whom the right belongs. The infant essentially claims that she had a right not to be born when birth would necessarily mean a life of hardship. The majority notes that the damages for violation of such a right would be impossible to assess. But on an even more fundamental level this cause of action must fail because the courts have long refused to recognize that such a right exists (Williams v. State of New York, 18 N.Y.2d 481, 276 N.Y.S.2d 885, 223 N.E.2d 343).