Citation

Fleisher LD. Am. J. Dis. Child. (1960) 1987; 141(12): 1260-1265.

Affiliation

Austin, Chicago, IL 60603.

Copyright

(Copyright © 1987, American Medical Association)

DOI

unavailable

PMID

3687865

Abstract

Every jurisdiction recognizes the right of a child to recover damages for prenatal injury caused by the negligence of a third party. This concept of liability for prenatal injury has been extended to include the right of parents (and sometimes the child) to recover damages from a physician who negligently deprives them of the opportunity to prevent the "wrongful birth" of an affected child. The most troubling question to arise, however, is whether a pregnant woman has a legal duty to avoid negligent behavior that may injure her future child. The unique and compelling conflicts that surround the recognition of such a prematernal duty encompass the child's right to be born free of any negligently induced injury and the pregnant woman's rights to personal privacy and bodily autonomy.

Language: en