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WRONGFUL BIRTH
Wrongful Birth is a relatively new legal cause of action that is
not accepted in all States. The principle arises from informed consent,
which in based upon the patient's right to know. A patient cannot
make an informed decision about their health care unless they are
provided all of the facts and information by the treating doctor.
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In situations where the treating doctor has identified a high likelihood
of a significant birth defect, and fails to inform the mother, she
is denied the opportunity to make an informed decision on how to
proceed with the pregnancy. If she proceeds unknowingly and delivers
a child with severe birth defects, the family is faced with a life
time of emotional distress and substantial medical expenses that
would not have been suffered if the pregnancy had been terminated.
The legal claim is based upon the theory that the family has suffered
this distress and expense because the treating doctor intentionally,
or negligently, withheld important medical information that should
have been provided to the patient.
This is a very emotional issue with heavy moral and political ramifications.
How the State courts and legislatures are dealing with it varies
State to State.
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Bikers Lawyers 
