wrongful birth


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Related to wrongful birth: Wrongful life

wrongful birth

n.
A birth of a child that provides the basis for a cause of action for civil damages because the birth would not have occurred if medical sterilization procedures had been properly performed, if adequate birth control had been provided, or if the parents had been given appropriate prenatal testing or genetic counseling. Also called wrongful life.

wrongful birth

[rông′fəl]
Etymology: OE, wrang, twisted; ME, burth
a belief that a birth could have been avoided if the parents had been properly advised by a physician or health care provider that a pregnancy could occur or that a fetus would be deformed.

wrongful

Forensic medicine An adjective with considerable medico-legal currency, used in several contexts. See Negligence.
Wrongful
Wrongful death An event that is usually regarded as negligent. See Negligence.
 Wrongful birth An event resulting from the failure of a contraceptive or sterilization procedure, eg fallopian tube liagation, failure to diagnose pregnancy, or an unsuccessful attempt to abort a conceptus.
Wrongful life An event in which legal action may be taken by–or on behalf of the baby suffering from a hereditary or congenital defect, eg Down syndrome or other disease, eg rubella, who would not have been born had the parents had the knowledge to opt for an abortion; WL represents either the failure to diagnose in utero a condition that would lead to a major life-long handicap or recognize such a condition in a sibling, allowing a 2º, similarly afflicted, child to be born; the child is the defendant named in a lawsuit initiated to defray the incurred and anticipated medical, nursing and related health expenses; in both WB and WL, the defendant may be liable for support and care of the infant from 'cradle to grave'

wrongful birth

, wrongful life
The idea that conception would have been prevented or pregnancy would have been interrupted if the parents had been adequately informed of the possibility that the mother would give birth to a physically or mentally challenged child.
References in periodicals archive ?
Flicker for her insights on successful wrongful birth actions.
163) Again, like claims of wrongful birth, the parents allege that, but for the negligently delivered healthcare, the child never would have been conceived and/or born.
Wrongful birth cases usually involve the unwanted birth
Concerned that it would otherwise be viewed as advocating abortion, the court also denied the mother's separate claim for wrongful birth, choosing instead to focus on the "unmeasurable, and complex human benefits of motherhood and fatherhood.
refused to recognize wrongful birth as an available cause of action.
JP: That although we tend to be quick to judge people who initiate wrongful birth suits, not a single parent I interviewed truly wished that his/her child had never been born.
2) However, perhaps nowhere have tort actions for negligence raised more legal and logical problems than in the area of wrongful birth and wrongful life suits.
While wrongful death is a well-known concept, wrongful birth due to poor prenatal care or failed sterilization is analyzed here in a review of relevant cases, including those involving liability for a resultant unwanted or disabled child.
Wrongful birth is recognized by most jurisdictions and usually involves a claim by parents that their child's birth would not have occurred "but for" the actions or inactions of one or more medical professionals.
The Halls brought a wrongful birth suit against the hospital.
This has resulted in wrongful birth and wrongful life lawsuits, which fall under claims of medical malpractice, a subset of negligence law.
courts to favor parents in wrongful birth cases, not those who bring wrongful life claims.