Prenatal Harm Liability

Question 1

Werling (‘85): Can parents recover for negligent death of fetus in womb

Answer 1

Court, “The cause of action should move forward for negligent injury to fetus in the womb and fetus dies during still birth if “the fetus was viable at the time of injury.”

Question 2

Fassoulas (‘84): Recovery b/c of unwanted births that occurred due to Doc’s negligent info after vasectamy.

Answer 2

Court in this jurisdiction, “Even though u didn’t want it, and relied on Doc’s negligent advice, a healthy baby is always a gift, which you cannot recover for.” Disabled kid though, you can recover for cost of extraordinary care.

Question 3

Turpin (‘82): Parents say doc’s negligence is not informing them so they could abort, so…

Answer 3

Court is hesitant with this decision due to public policy so they refer to “Benefit Doctrine” and note;

(a) impossible to weigh against “not being alive,” and
(b) Being deaf is not severe enough for the doctrine.
(c) They do let the child actually get damages for the extra expenses for her deafness