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Parents Sue For 'Wrongful Birth'

Stashed in: Compassion, Ethics

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In the case of a falsely reassuring prenatal test, there are two possibilities for a lawsuit against a health practitioner. The first is what’s known as “wrongful birth” lawsuit. The parents are the plaintiffs in a wrongful birth suit, and they sue for the harm that their child’s existence with disability has caused them. Another kind of suit is called “wrongful life.” That is a suit brought on the behalf of the child, rather than the parents. These suits assert, basically, that the child herself was harmed by the very fact of her own birth.

Obstetrics crisis looming.

On average, obstetricians pay the second-highest liability insurance premiums of any medical specialty, with only neurosurgeons paying more, and spend an average of nearly 15 percent of their careers fighting mostly fruitless or frivolous malpractice claims. Indeed, ob-gyns answering the ACOG survey blamed their decision to drop obstetrics on the twin burdens of insurance affordability and an outright fear of lawsuits. In many cases, ob-gyns can reduce their malpractice premiums in half by eliminating their obstetrical duties.

Jared, the link on this page goes to a completely different article.

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