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 ?
cause of action for wrongful birth, which goes beyond the scope of this
Alternately, in the case of a successful claim of wrongful birth, courts attempt to compensate plaintiffs with damages either for the exceedingly high costs of raising a disabled child or for the mental or emotional harm that parents suffer from having to raise a disabled child.
both performance-based and reliance-based wrongful birth claims.
refused to recognize wrongful birth as an available cause of action.
JP: I read an article in the New York Times about wrongful birth suits, and it got me wondering.
Section 2 introduces the paradigmatic wrongful birth suit, while Section 3 discusses the general structure of a wrongful life suit.
It is difficult to argue that Kirby J's decisions in favour of liability in both wrongful birth and wrongful life cases undermine the two policy objectives found important in the birth cases.
Courts respond to wrongful birth claims in a wide variety of ways, largely because these cases require judges to evaluate not just the law, but also questions of morality, medicine, and society.
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.
an informed consent case and those of one predicated on wrongful birth,
courts to favor parents in wrongful birth cases, not those who bring wrongful life claims.