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

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 ?
wrongful birth and wrongful life suits violate the Americans with
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.
is, a mother's claim of wrongful birth is based on her contention
The team represents clients in a vast array of cases, from modest-value claims to multimillion-pound cases, including delayed diagnosis, wrongful birth and cerebral palsy cases.
The case is a twist on so-called "wrongful birth" malpractice suits brought by parents of a child born with birth defects.
wrongful birth, wrongful life, and wrongful pregnancy.
This distinguishes such claims from those for so called wrongful birth, which are claims by parents for the cost of raising either a healthy or a disabled child where the unplanned birth imposes costs on the parents as a result of clinical negligence.
The paper had noted the case of Alicja Tysiac, a woman who had previously won a "wrongful birth suit" against the Polish government at the European Court of Human Rights (the same court that recently tried to banish crucifixes in Italy).
Another disadvantage is that the whole project leaves the impression that the author makes sometimes simulated efforts to sharply differentiate the Israeli from the German position, for example in its discussion of the legal treatment of wrongful life and wrongful birth. It is assumed that more similarity exists between both societies.