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Simple English definitions for legal terms

prenatal tort

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A quick definition of prenatal tort:

A prenatal tort is when someone hurts a baby before it is born. A long time ago, people couldn't sue for this kind of harm. But now, if a baby is born alive and can survive outside of its mother's body, it can sue for injuries it got while still in the womb. Some places even let babies sue for harm they suffered before they were able to survive outside of their mother's body. There are different kinds of lawsuits for prenatal harm, like personal injury, wrongful birth, wrongful life, and wrongful pregnancy. The amount of money someone can get for harm to a baby before it is born depends on where they live and what kind of harm was done.

A more thorough explanation:

A prenatal tort is a type of tort that involves harm to an unborn child. In the past, courts did not recognize the rights of unborn children to bring lawsuits for injuries sustained while in the womb. However, in 1946, the case of Bonbrest v. Kotz established that if a child is born alive and viable, they may bring an action for injuries sustained while in the womb of their mother.

  • Personal Injury: If a child is born alive and suffered injuries while in the womb due to the negligence of a third party, they may have a right to bring a lawsuit for damages.
  • Wrongful Birth: If a child is born with a genetic defect that could have been detected through prenatal testing, the parents may bring a lawsuit against the healthcare provider for failing to diagnose the defect.
  • Wrongful Life: If a child is born with a severe disability or impairment, they may bring a lawsuit against the healthcare provider for failing to diagnose the condition or provide appropriate treatment.
  • Wrongful Conception/Pregnancy: If a child is born as a result of a failed contraceptive or sterilization procedure, the parents may bring a lawsuit against the healthcare provider for negligence.

These examples illustrate how prenatal torts can arise in a variety of situations and can involve different types of damages, such as medical expenses, emotional distress, and loss of income.

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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