Wrongful births. when is there liability for prenatal injury?
Fleisher, L.D.
American Journal of Diseases of Children 141(12): 1260-1265
1987
ISSN/ISBN: 0002-922X PMID: 3687865 Document Number: 3317
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.
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