Wrongful Birth Cases: Medicial Malpractice

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A big problem that is becoming of lawsuits is Wrongful Birth Cases. Wrongful birth by legal definition is a term to describe medical malpractice. A claim that the child would not have been born if medical malpractice did not occur (Knudsen, 2011). The legal definition of medical malpractice is also known as medical negligence, this is a professional negligence by act or omission by a health care provider which the treatment provided falls below the accepted standards of practice in the medical community and causes injury or death to the patient (Dictionary.com). In most cases, this is medical error. There is now 28 states that recognized wrongful birth claims. There is also 12 states that prohibit wrongful birth claims, including, Idaho, Utah, South Dakota, Minnesota, Oklahoma, Arkansas, Missouri, Kentucky, Michigan, Pennsylvania, North Carolina, and Georgia (Knudsen, 2011). A question that is always looked at is, What is the value of life to a parent? Does every child that is not “normal” not deserve a chance to live?
There are three types of wrongful birth cases (Knudsen, 2011). Firstly, the failure of a sterilization procedure. Secondly, the failure caused by the care provider to inform the parents-to-be of any birth defects or abnormal in their unborn child. Thirdly, the failure of an abortion attempt (Knudsen, 2011). When a plaintiff is making a wrongful birth lawsuit against someone the plaintiff must prove to the court that the health care provider was negligent and should be held responsible for their actions (Knudsen, 2011). The plaintiff must show that the health care provider owed a duty to the plaintiff, the duty was breached, and the plaintiff suffered damages as a result of the breach. Another important key inform...

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... child, but that is not always the case. When it comes to the health of the baby, whose at fault? Is the parents the ones that caused the health problem, or is it the doctors fault for not taking the extra measures to insure the safety of the child. When the health and the safety of the child is involved everyone wants to blame everyone, but who is really at fault? Do doctors have the right to disclose information from their patients? Doctors have a duty to give the information to their patients whether it is good or bad. Doctors should not have the right to withhold information from any of their patients. A doctor should have to tell their patients all the information they know specially when it comes to their unborn child. The health and the information about their child should be told to the parents so they can make the decision that they feel would be best.

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