wrongful birth

wrongful birth
wrongful birth n: a malpractice claim brought by the parents of a child born with a birth defect against a physician or health-care provider whose alleged negligence (as in prenatal testing or diagnosis) effectively deprived the parents of the opportunity to make an informed decision whether to avoid or terminate the pregnancy; also: the birth or injury at issue in such a claim
recognize a cause of action for wrongful birth
◇ Two factors behind the general recognition of the wrongful birth claim are scientific advances in prenatal diagnosis of birth defects and the legalization of abortion. Wrongful birth and wrongful life are distinct from malpractice claims alleging actual physical injury to a fetus caused by a negligently performed procedure.

Merriam-Webster’s Dictionary of Law. . 1996.

wrongful birth
A medical malpractice claim brought by the parents of a child born with birth defects, alleging that negligent treatment or advice deprived them of the opportunity to avoid conception or terminate the pregnancy.

Dictionary from West's Encyclopedia of American Law. 2005.


wrongful birth
A medical malpractice claim brought by the parents of a child born with birth defects, alleging that negligent treatment or advice deprived them of the opportunity to avoid conception or terminate the pregnancy.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • wrongful-birth action — n. A legal suit brought by parents against a doctor who failed to inform them of the risks of having a child with prospective birth defects. See also wrongful life action. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • wrongful birth action — n. A legal suit brought by parents against a doctor who failed to inform them of the risks of having a child with prospective birth defects. See also wrongful life action. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • wrongful birth — noun Date: 1979 a malpractice claim brought by the parents of a child born with a birth defect against a physician or health care provider whose alleged negligence (as in diagnosis) effectively deprived the parents of the opportunity to make an… …   New Collegiate Dictionary

  • wrongful birth — noun A lawsuit filing, claiming a doctor failed to advise the parents a child might have the prospect of birth defects …   Wiktionary

  • Wrongful abortion — The term Wrongful Abortion was defined by Perry Adar as an abortion that a pregnant woman is induced to undergo by negligent conduct (usually a medical misrepresentation). See [http://law.haifa.ac.il/faculty/eng/perry.htm Ronen Perry] Yehuda Adar …   Wikipedia

  • wrongful — Injurious, heedless, unjust, reckless, unfair; it implies the infringement of some right, and may result from disobedience to lawful authority. Buhler v. Marrujo, 86 N.M. 399, 524 P.2d 1015, 1019. See also tort @ wrongful abuse of process See… …   Black's law dictionary

  • wrongful life — n: a malpractice claim brought by or on behalf of a child born with a birth defect alleging that he or she would never have been born if not for the negligent advice or treatment provided to the parents by a physician or health care provider;… …   Law dictionary

  • wrongful pregnancy — wrongful preg·nan·cy n: a malpractice claim brought by the parents of a healthy but unwanted child usu. against a physician or health care provider for alleged negligence in performing a sterilization or abortion procedure and sometimes against a …   Law dictionary

  • Wrongful life — is the name given to a legal action in which someone is sued for failing to prevent the birth of a severely disabled child.Typically a child and the parents will sue a doctor or a hospital for failing to provide information about the disability… …   Wikipedia

  • wrongful-life action — n. A legal action on behalf of a child with birth defects, alleging that the parents would not have conceived the child or would have aborted the fetus if the doctor defendant had informed them of the congenital defects to be expected, in order… …   Law dictionary

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