Topic
Wrongful Birth
38 published works
TortsProf Blog
Two by Billauer on Wrongful Life and Wrongful Birth
Barbara Pfeffer Billauer has posted two pieces on wrongful life to SSRN. The first is The Sperminator as a Public Nuisance: Redressing Wrongful Life and Birth Claims in New Ways…
Reproductive Rights Prof Blog
“Wrongful Birth” Claims and the Paradox of Parenting a Child with a Disability- applying a therapeutic justice lens
Therapeutic justice in the Mainstream (Feb. 28, 2019): "Wrongful Birth" Claims and the Paradox of Parenting a Child with a Disability- applying a therapeutic justice lens, by Sophia Yakren:Prof. Sophia…
Bill Madden's Blog
Judicial discretion: Exclusion of late expert evidence
By Bill Madden
Ralston & Collins v Chaffey & Ors [2018] NSWSC 1994 is an interlocutory decision of Davies J, arising from the late service of expert evidence by the plaintiffs. The plaintiffs claim…
Quad City Injury Lawyers
Iowa Supreme Court Recognizes Cause of Action for Wrongful Birth (Sort of)
Is this big? Time will tell. Either way, the Iowa Supreme Court ruled in a surprisingly progressive way, joining the majority of states (including Illinois – over 30 years ago)…
TortsProf Blog
Wrongful Birth Versus Wrongful Conception in Georgia
A Georgia sperm bank is facing numerous suits based on a donor who was touted as a Ph.D. in neuroscience with an IQ of 160 when he was, in fact,…
Legal Profession Blog
Maine Court Rejects “Wrongful Birth” Claim
The Maine Supreme Judicial Court answered a series of certified questions concerning a failed contraception procedure did not form the basis of a "wrongful birth" claim[The plaintiff] alleg[ed] that in…
Drug & Device Law
Mixed Reasoning and Wrongful Conception
Way back in law school our moot court topic involved allegations of “wrongful birth” or “wrongful conception.” The plaintiffs alleged that a doctor failed to detect a catastrophic birth defect, thus depriving…
Pennsylvania Law Monitor
Wrongful Life and Wrongful Birth Claims in Pennsylvania
Wrongful Birth claims are used to seek damages on behalf of any person who claims that, as a result of an act or omission of a defendant, the already conceived…
Matrimonial Matters
Doctor Ordered to Pay Damages and Child Support for Wrongful Birth!
By Douglas J. Manning, Partner, Certified Specialist in Family Law A recent decision from Spain regarding medical malpractice turned out to have unanticipated family law consequences! A gynecologist was ordered…
Pennsylvania Law Monitor
New Jersey Considering Wrongful Birth Law
Some states including Pennsylvania have laws that restrict the right of parents to sue for damages arising from the failure of a medical health provider to warn of medical problems…