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LSDefine
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.