Wrongful Birth Archives - Medical Malpractice Lawyers

Minnesota Trial Court Reduces Damages Awarded In Wrongful Conception Medical Malpractice Case

August 26, 2025

In early May 2023, Plaintiffs served their Complaint bringing a claim for medical malpractice against Minnesota Urology P.A. (“MN Urology”). The Complaint alleged that malpractice resulted in Ms. Szlachtowski’s unplanned pregnancy and pled the right to recover various categories of “[...]

California Medical Malpractice Lawsuit Alleges Fetal Abnormalities Missed On Targeted Ultrasound

September 25, 2024

A recently filed California medical malpractice lawsuit alleges that a woman’s OBGYN and related parties failed to diagnose a fetus’ congenital abnormalities that should have been observed by multiple ultrasounds performed during prenatal care. The California birth injury medical malprac[...]

Washington Supreme Court Addresses Recoverable Damages In Negligent Reproductive Health Care Cases

November 20, 2022

Recoverable Damages In Negligent Reproductive Health Care Cases: The Supreme Court of the State of Washington (“Washington Supreme Court”) stated in its en banc opinion filed on August 18, 2022: “This case asks whether a patient who received negligent reproductive health care may r[...]

$742,660 Maryland Wrongful Birth/Negligent Sterilization Verdict

May 9, 2022

During the evening on April 14, 2022, a Montgomery County, Maryland wrongful birth/negligent sterilization medical malpractice jury returned its verdict after four full days of trial in favor of the parents against the OBGYN defendant. The Underlying Facts One doctor (Defendant One) in a shared pati[...]

Kansas Supreme Court Upholds Statutory Ban On Wrongful Birth Claims

May 3, 2021

The Supreme Court of the State of Kansas (“Kansas Supreme Court”), in its opinion dated April 30, 2021, stated: “This case considers the constitutional validity of a statute abolishing a medical malpractice claim commonly known as a “wrongful birth” action. See K.S.A. 2[...]

New York Appellate Court Revives Medical Malpractice Wrongful Birth Lawsuit

April 10, 2021

The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion issued on March 24, 2021, held in a New York wrongful birth medical malpractice action, “The record demonstrates a triable issue of fact as to whether the child’s medical condition[...]

Georgia Supreme Court Revives Some Claims Against Sperm Bank

October 31, 2020

The Supreme Court of Georgia (“Georgia Supreme Court”), in its decision filed on September 28, 2020, revived some claims against a sperm bank, stating: “Wendy and Janet Norman allege that Xytex Corporation, a sperm bank, sold them human sperm under false pretenses about the charact[...]

Georgia Appellate Court Affirms Dismissal Of Claim Against Sperm Bank As Impermissble Wrong Birth Claim

July 9, 2019

The Court of Appeals of Georgia (“Georgia Appellate Court”) affirmed the dismissal of a claim against a sperm bank for the birth of a child with mental health issues, in its decision dated June 21, 2019. The Georgia Appellate Court held that the parents’ claims were for wrongful bi[...]

$14M Iowa Wrongful Birth Medical Malpractice Verdict

January 16, 2019

On January 8, 2019, an Iowa medical malpractice jury returned its verdict in favor of the wrongful birth plaintiffs in the amount of $14,504,790, which included $285,000 for the mother’s emotional distress from the date of the injury to the present and $1,346,938 for her future emotional distr[...]

Wrongful Pregnancy Medical Malpractice Claims

September 22, 2018

A wrongful pregnancy medical malpractice claim, which is sometimes called a wrongful conception claim, is brought by “parents of a normal but unplanned child [seeking] damages either from a physician who allegedly was negligent in performing a sterilization procedure or abortion, or from a pha[...]

Kansas Appellate Court Says Statute That Eliminated Wrongful Birth Claims Is Constitutional

July 17, 2018

The Court of Appeals of the State of Kansas (“Kansas Appellate Court”) held in its opinion filed on June 15, 2018 that “K.S.A. 2013 Supp. 60-1906 is constitutional since a cause of action for wrongful birth was unavailable when our Constitution was adopted and thus does not implica[...]

Oregon Supreme Court Recognizes Wrongful Birth Claim, Rejects Wrongful Life Claim

February 10, 2018

In its opinion dated February 8, 2018, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) recognized wrongful birth claims but rejected wrongful life claims in Oregon, thereby affirming the lower appellate court’s decision. In the case the Oregon Supreme Court was de[...]

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Category: Wrongful Birth