wrongful birth claim Archives - Medical Malpractice Lawyers

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[...]

New York’s Highest Appellate Court Decides Wrongful Birth Claim Begins To Run At Date Of Birth

December 26, 2017

The New York Court of Appeals, New York’s highest appellate court, held in its opinion filed on December 14, 2017 that the statute of limitations for wrongful birth claims in New York begins to run on the date of birth, and not on the date of the alleged medical negligence. The Court of Appeal[...]

Iowa Supreme Court Recognizes Wrongful Birth Claims

June 6, 2017

In its opinion filed on June 2, 2017, the Iowa Supreme Court recognized for the first time wrongful birth claims in which the parents of a child born with severe disabilities may bring a medical negligence action based on the physicians’ failure to inform them of prenatal test results showing a co[...]

Florida Medical Malpractice Defense Verdict For Alleged Ultrasound Negligence

September 22, 2016

After a recent four-day medical malpractice jury trial, a Florida jury took only two hours to return its verdict in favor of the defendant Florida OB/GYN and his medical practice. The plaintiff, who sought $8 million in compensatory damages from the defendants, alleged that the defendant had failed[...]

Rhode Island Wrongful Birth Lawsuit Allowed To Proceed

August 13, 2016

A Superior Court judge in Rhode Island has ordered that the wrongful birth lawsuit filed by the parents of two children born with cystic fibrosis can proceed. The parents have three children, the two youngest of which were born with incurable cystic fibrosis. The parents claim in their Rhode Island [...]

Michigan Medical Malpractice Lawsuit Filed For Wrongful Conception

July 9, 2016

A now 50-year-old Michigan woman has filed a Michigan medical malpractice lawsuit for wrongful conception, alleging that the voluntary sterilization procedure performed on her was negligently performed and as a result, she became pregnant. The woman subsequently gave birth to a child suffering from [...]

Baltimore Wrongful Birth Verdict For Plaintiff

March 8, 2016

On March 4, 2016, a Baltimore medical malpractice jury returned its verdict in favor of the plaintiff who alleged that the defendant OB/GYN failed to perform genetic testing during her pregnancy that would have disclosed that her fetus had Down’s Syndrome, and failed to notify her of her level[...]

Montana Medical Malpractice Jury Rejects Wrongful Birth Claim

February 14, 2016

On February 11, 2016, after a nine-day trial, a Montana medical malpractice jury rejected the plaintiffs’ wrongful birth claim in which the Montana couple alleged that they would have terminated the pregnancy had they been offered a genetic test for cystic fibrosis that would have disclosed t[...]

Oregon Appellate Court Recognizes Parents’ Wrongful Birth Claim

January 22, 2016

In its decision filed on December 30, 2015, the Court of Appeals of the State of Oregon (“Appellate Court”) reversed the trial court’s dismissing the wrongful birth claim of the parents of a boy born with muscular dystrophy, holding that the trial court erred in dismissing the pare[...]

Florida Appellate Court Overturns $2.5M Wrongful Birth Verdict

January 10, 2014

On January 8, 2014, in a split decision, the District Court of Appeal of the State of Florida Fourth District overturned a $2.5 million verdict in a wrongful birth case. A wrongful birth claim is a medical malpractice claim in which the parents give birth to an impaired or deformed child and alle[...]

Pennsylvania Superior Court Declares PA Wrongful Birth Law Unconstitutional

November 19, 2012

On November 14, 2012, the Superior Court of Pennsylvania declared that the Pennsylvania statute prohibiting causes of action for wrongful birth and wrongful life (42 Pa.C.S.A. § 8305) was unconstitutional because the manner in which § 8305 was enacted violated the “single-subject rule” cont[...]

Montana Judge OKs Wrongful Birth Medical Malpractice Lawsuit

June 25, 2012

On June 18, 2012, a Montana state judge gave approval to a medical malpractice case filed in October, 2011 that alleges a claim for wrongful birth. The medical malpractice plaintiffs claimed that had they been advised that their baby would be born with cystic fibrosis, they would have terminated [...]

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