Simple English definitions for legal terms
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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 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.
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.