Wrongful births. When is there liability for prenatal injury?
Every jurisdiction recognizes the right of a child to recover damages for prenatal injury caused by the negligence of a third party. This concept of liability for prenatal injury has been extended to include the right of parents (and sometimes the child) to recover damages from a physician who negligently deprives them of the opportunity to prevent the "wrongful birth" of an affected child. The most troubling question to arise, however, is whether a pregnant woman has a legal duty to avoid negligent behavior that may injure her future child. The unique and compelling conflicts that surround the recognition of such a prematernal duty encompass the child's right to be born free of any negligently induced injury and the pregnant woman's rights to personal privacy and bodily autonomy.
Fleisher
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LD
Sidley & Austin, Chicago, IL 60603.
D000029:Abortion, Legal; D002648:Child; D002651:Child Advocacy; D035881:Compensation and Redress; D000013:Congenital Abnormalities; D003951:Diagnostic Errors; D005260:Female; D005315:Fetal Diseases; D030342:Genetic Diseases, Inborn; D006801:Humans; D007231:Infant, Newborn; D007603:Jurisprudence; D016365:Liability, Legal; D008318:Malpractice; D008425:Maternal Behavior; D011247:Pregnancy; D037841:Pregnant People; D011296:Prenatal Diagnosis; D014481:United States