“Wrongful birth” is a controversial malpractice action, which has arisen in the past two decades, secondary to an expanding knowledge of human genetics and the constitutionally protected access to abortion. Under the wrongful birth claim, parents of a child with a congenital illness or abnormality may bring suit against a physician who allegedly failed to provide appropriate prenatal counseling or information. Typically, the parents claim that they were inadequately warned of a potential problem in their child, and that this paucity of timely information prevented them from avoiding the pregnancy or from obtaining an abortion. While these cases have arisen in a variety of clinical circumstances, a characteristic example is the obstetrician who fails to offer amniocentesis to a woman of advanced maternal age who subsequently gives birth to a child with Down syndrome. Since the parents were prevented from learning of the abnormality and therefore exercising the option to terminate the pregnancy, they may claim damages for themselves for the wrongful birth of the infant.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1111/j.1748-720X.1994.tb01271.x
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 64,077
Through your library

References found in this work BETA

At Law: Adam Smith in the Emergency Room.George J. Annas - 1985 - Hastings Center Report 15 (4):16.

Add more references

Citations of this work BETA

Recent Developments in Health Law.Sean H. Gralton - 1995 - Journal of Law, Medicine and Ethics 23 (3):295-299.

Add more citations

Similar books and articles

Is the Child Damage?Chelsea Pietsch - 2010 - Bioethics Research Notes 22 (4):54.
What is Wrong with 'Wrongful Life' Cases?Barry M. Loewer - 1985 - Journal of Medicine and Philosophy 10 (2):127-146.
Law & Ethics for Medical Careers.Karen Judson - 2002 - Glencoe/Mcgraw-Hill.
The Ascription of Rights in Wrongful Life Suits.Nancy S. Jecker - 1987 - Law and Philosophy 6 (2):149-165.
Ethical Issues in Childbirth.Adele E. Laslie - 1982 - Journal of Medicine and Philosophy 7 (2):179-196.
The Moral Significance of Birth.Mary Anne Warren - 1989 - Hypatia 4 (3):46 - 65.


Added to PP index

Total views
13 ( #748,616 of 2,454,519 )

Recent downloads (6 months)
1 ( #449,188 of 2,454,519 )

How can I increase my downloads?


My notes