Wrongful birth

A type of lawsuit concerning a baby who would not have been born but for the existence of professional negligence. A wrongful birth action is brought by the parents on their own behalf, as opposed to a wrongful life action, which is brought by or on behalf of the child. Wrongful birth cases, which involve the birth of both healthy and unhealthy children, may allege contraceptive failure or unsuccessful sterilization, the failure to diagnose pregnancy, unsuccessful abortion, the failure to warn the parents of genetic risks, or the failure to timely diagnose (or inform the parents about) a birth defect or disease of the fetus. Not all states permit wrongful birth suits.


 


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