Prenatal Injury Flashcards
What are prenatal injuries?
Prenatal injuries are actionable; a duty of care is owed toward a fetus. The fetus must have been viable at the time of injury.
What happens if a fetus dies from prenatal injuries?
Most states permit a wrongful death action if the fetus dies from the injuries.
Is a ‘wrongful life’ action recognized?
In most states, the failure to diagnose a congenital defect or to properly perform a contraceptive procedure does not allow recovery for ‘wrongful life,’ even if the child is born with a disability.
What is ‘wrongful birth’?
Wrongful birth is an action for failure to diagnose a defect in the fetus, allowing parents to recover damages.
What is ‘wrongful pregnancy’?
Wrongful pregnancy is an action for failure to properly perform a contraceptive procedure, allowing the mother to recover damages for unwanted labor.
What damages can parents recover in a wrongful birth case?
Parents may recover additional medical expenses to care for the child and, in some states, damages for emotional distress.
What damages can parents recover in a wrongful pregnancy case if the child is born healthy?
Most cases do not permit recovery of child-rearing expenses, only damages for the unwanted labor.
