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Consider juror emotions, politics in wrongful birth cases.

Publication: Trial
Publication Date: 01-OCT-06
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Courts respond to wrongful birth claims in a wide variety of ways, largely because these cases require judges to evaluate not just the law, but also questions of morality, medicine, and society.

The Rhode Island Superior Court, in an unpublished opinion, observed that these cases are essentially about abortion. (Schloss v. Miriam Hosp., 1999 WL 41875 (R.I. Super. Jan. 11, 1999).) Those who can accept the legality of abortion have no difficulty finding room in the common law tort of negligence for a claim of wrongful birth. Those who cannot accept it think no one should be compensated for being unable to have an abortion.

This observation highlights the way wrongful...

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