Chapter

Other Actions in Obstetrics and Midwifery

John Seymour

in Childbirth and the Law

Published in print July 2000 | ISBN: 9780198264682
Published online March 2012 | e-ISBN: 9780191682759 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264682.003.0006
Other Actions in Obstetrics and Midwifery

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This chapter considers two remaining — and more questionable — actions for negligence in obstetrics and midwifery: wrongful death and wrongful life. When unsatisfactory care has led to a stillbirth, there have been cases in which courts, in addition to allowing the parents to claim compensation under the common law, have allowed them to take action under wrongful death statutes. Further, when the negligence has taken the form of a failure to advise parents of the risk that their child would be abnormal, some courts have been willing to entertain a wrongful life action in which the disabled child claims damages in respect of the dreadful life which he or she must endure.

Keywords: negligence; wrongful death statutes; wrongful life action; disabled child; damages

Chapter.  5135 words. 

Subjects: Medical and Healthcare Law

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