MBE Rules · Torts
Prenatal Harms
Prenatal torts
The rule
A child born alive may recover for prenatal injuries; wrongful-birth claims by parents for negligent failure to diagnose are widely allowed, while wrongful-life claims by the child are generally rejected.
In plain English
A child who is born alive can seek compensation for injuries they sustained before birth. Parents can file wrongful-birth claims if a healthcare provider fails to diagnose a condition that would have led them to choose not to have the child, but claims from the child asserting they should not have been born at all are usually not accepted.
Worked example
A couple learns during pregnancy that their child has a serious genetic disorder but the doctor fails to inform them. After the child is born, they file a wrongful-birth claim against the doctor for not diagnosing the condition, seeking damages for the emotional and financial burden. The court allows the parents' claim to proceed, recognizing their right to compensation for the negligent failure to inform.
Memory hook
Born alive? You can claim; born with issues? Parents can sue, but not the child.
The trap
Exams often confuse students by mixing up wrongful-birth and wrongful-life claims, leading to incorrect conclusions about who can sue and for what.
How examiners test it
Questions typically present a scenario involving prenatal injuries and ask about the viability of claims from either the child or the parents, testing knowledge of the distinctions between wrongful-birth and wrongful-life claims.
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