What are some legal recourse options available for medical malpractice in birth?

Question: What are some of the legal actions available for medical malpractice in birth?

Response: Also referred to as prenatal torts, medical malpractice actions based on birth usually fall within 3 categories: 1) wrongful life, 2) wrongful birth, and 3) wrongful pregnancy.  Most U.S. jurisdictions recognize the wrongful pregnancy and wrongful birth causes of action.  Parents may sue for wrongful birth where an unhealthy child was born following a negligent failure to identify a fetal disease or defect or negligent genetic counseling.  Simmerer v. Dabbas, 733 N.E.2d 1169 (OH, 2000)  They may bring this action in order to recoup the costs of having to nurse and raise an impaired child, on the basis that they were wrongfully deprived of the ability to terminate or avoid a pregnancy to avoid the birth of a child with the disease or defect.  In a wrongful pregnancy claim, on the other hand, a parent whose child is born after a sterilization procedure that was negligently performed may sue for the costs of having a child who was not planned.

Answered by Yara Zhakaria

Additional Resource: Birth Injury Lawyers

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