The risk of birth defects: Jacobs v. Theimer and parents' right to know.
This Article discusses the Texas Supreme Court's holding in Jacobs v. Theimer that the parents of a defective child had a cause of action for damages against a physician for alleged negligent failure to inform the mother during pregnancy that she had contracted rubella and therefore might have a defective child, thereby causing her to lose the opportunity to have an abortion. The Article raises a number of questions that post-Jacobs courts probably will confront concerning the duty of physicians and genetic counselors to keep their clients informed; describes some social and medical developments--including recent progress in medical genetics and prenatal diagnosis--which are likely to make Jacobs a significant precedent; evaluates the court's decision to allow a damage suit only for the costs of treating and caring for the child's defects; and briefly addresses the question of whether the Jacobs case comes within the sphere of suits for what has come to be known as "wrongful birth" and "wrongful life."
D002648:Child; D035881:Compensation and Redress; D000013:Congenital Abnormalities / Q000209:etiology; D005260:Female; D030342:Genetic Diseases, Inborn; D006806:Human Rights; D006801:Humans; D008318:Malpractice; D010344:Patient Advocacy; D011247:Pregnancy; D011251:Pregnancy Complications, Infectious; D037841:Pregnant People; D011296:Prenatal Diagnosis; D012306:Risk; D012409:Rubella / Q000150:complications; D013781:Texas