Personal Injury Law

Wrongful Birth or Life or Pregnancy or Conception, Is there a difference?

By Steve Lombardi

I've been asked about pursuing a medical malpractice claim against a doctor who failed to properly perform a sterilization procedure for the patient who later became pregnant. The client wants to know, do I have a claim for wrongful life? Some would frame it wrongful pregnancy or wrongful conception or wrongful birth. The law does make a distinction when it involves these difficult matters. The words used become the argument. When the baby is born healthy or normal the claim is one for wrongful pregnancy or wrongful conception and there is no claim in the majority of states.

Iowa follows the majority of states that have held,

We adopt the majority approach and thus conclude that the costs of rearing a normal, healthy child cannot be recovered as damages to the parent or parents. Nanke v. Napier, 346 N.W.2d 520, 522(Iowa 1984)

There are three distinct fact patterns the Iowa court discusses but has never ruled upon. I do believe there is a fact pattern the Courts may recognize as a viable malpractice claim; when the mother's health is compromised or she dies during delivery the Courts may be willing to extend the reach of the law for medical malpractice. Doing so would of course put the doctor on notice this mother better get the best care possible during the prenatal and pregnancy periods.

Full post as published by Des Moines Personal Injury Lawyer on April 01, 2008 (boomark / email).