Civil liability arising from "wrongful birth" following an unsuccessful sterilization operation.
This Article examines the question of civil liability arising, both in tort and in contract, as a result of the "wrongful birth" of a child following an unsuccessful sterilization operation. After a general overview of the concept and background of wrongful birth, the Article deals with tort liability in a sterilization-wrongful-birth action, suggesting in particular that there are four stages in the sterilization process at which a physician's conduct may fall below the standard required by law, and discussing the effect of negligence at each of the four stages. The alternative claim for breach of warranty is then examined, with emphasis on the practical difficulties involved in establishing contractual liability in this type of case. Finally, the Article discusses public policy and assessment of damages issues involved in the wrongful birth action, and evaluates the merits of some of the arguments that have been advanced under these headings--particularly the "overriding benefit" theory--to defeat claims for wrongful birth.
D002648:Child; D035881:Compensation and Redress; D032982:Contracts; D030881:Disclosure; D005260:Female; D006801:Humans; D007603:Jurisprudence; D016365:Liability, Legal; D008318:Malpractice; D010290:Parents; D011247:Pregnancy; D018570:Risk Assessment; D013245:Sterilization, Reproductive; D014481:United States