Saturday, March 4, 2006

Case Law Development: Ohio Supreme Court Allows Wrongful Birth Lawsuit: Legislature Moves to Bar Such Actions

The Ohio Supreme Court ruled 4-3 in Schirmer v. Mt. Auburn Obstetrics & Gynecologic Assoc., Inc.,that Parents of an unhealthy child born following negligent genetic counseling, or a negligent failure to diagnose a fetal defect or disease, may bring a medical malpractice action for the costs arising from the pregnancy and birth of the child. Parents may not, however, recover the cost of raising a disabled child. Meanwhile, the Ohio Senate last week voted to bar all "wrongful birth" lawsuits and both the House and Governor Bob Taft are expected to approve the measure within the next few weeks.  Source: James Nash The Columbus Dispatch, columbusdispatch.com. For the complete story, please click here (last visited March 4, 2006, reo).  The Ohio slip opinion may be downloaded here.pdf

http://lawprofessors.typepad.com/family_law/2006/03/case_law_develo_4.html

Abortion | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8355e42c969e2

Listed below are links to weblogs that reference Case Law Development: Ohio Supreme Court Allows Wrongful Birth Lawsuit: Legislature Moves to Bar Such Actions:

Comments

Post a comment