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Tennessee allows child's prebirth informed-consent claim, with time limits.

Publication: Trial
Publication Date: 01-NOV-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Ruling on two certified questions from the Sixth Circuit, the Tennessee Supreme Court has held that a child has "an independent cause of action for injuries caused by the failure of a physician to obtain informed consent from the child's mother during labor." But the court also affirmed limits on the time during which a child can pursue that cause of action. (Miller v. Dacus, 2007 WL 2332942 (Tenn. Aug. 17, 2007).)

In 2003, 10-year-old Marissa Miller sued the doctor who delivered her. After her mother's protracted attempt at vaginal delivery, Marissa was born by cesarean section and diagnosed with perinatal...

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