I concur in large measure with the dissent of Justice Leibson. We are not concerned here with any new cause of action. The cause of action alleged is negligence and, if it can be proved at trial, the victim of the negligence should be permitted to recover all damages that flow directly from the negligent acts.
I see no reason to exclude from recovery damages for mental suffering and anguish. It is true that ordinarily damages for mental suffering are not permitted unless accompanied by physical injury or contact. The extent of the physical contact necessary to sustain an award for mental suffering is minimal. Deutseh v. Shein, Ky., 597 S.W.2d 141 (1980).
In this case all of the damages spring directly from the alleged negligent performance of an operation upon a patient and from the negligent failure to conduct certain tests to assure that the operation had achieved its goal. There is certainly no lack of physical contact in the performance of the operation. If the claimants have suffered mental distress as a result of the alleged negligent conduct, they are entitled to be compensated therefor.
It follows that any amount of damages allowed to movants should be offset by the value of the benefits or enjoyment to them resulting from the birth of this child. They freely admit love and attachment for the child. Even though they did not want any additional children, they will receive some satisfaction, enjoyment, and enrichment of their lives because of the birth of this child. The majority is of the opinion that the benefits will clearly outweigh the economic burden.
I cannot make such a broad generalization applicable to every case. It seems clear to me that the birth of a child certainly entails some economic burden to the parents and in most cases will also bring pleasures and enjoyment. If we are to impose liability for damages upon a physician for the economic burden and mental distress to the parents which results from negligent acts of the physician, I see no reason not to offset those damages with the mental and emotional benefits which the parents will enjoy.
Admittedly, there is no precise scale by which a jury may measure these intangibles, but it should not be any more difficult *868to place a monetary value upon emotional benefits than it is to place a monetary value upon emotional suffering, and that has long been allowed.