Ohio high court permits parents to sue in 'wrongful birth' case

[JURIST] The Ohio Supreme Court [official website] issued a 4-3 opinion [PDF text] Friday permitting the parents of an unhealthy child born as a result of negligent genetic counseling or negligent failure to diagnose a fetal defect or disease to sue for medical malpractice [JURIST news archive]. The court held that parents can recover damages for the costs related to the pregnancy and birth of the child, but cannot recover consequential damages for the "care and rearing of the child" or pain and suffering.

Friday's opinion marks the Ohio court's first ever definitive ruling on a claim of "wrongful birth," though a few other states also allow such claims. AP has more.



 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.