New prenatal screening procedures raise spectre of more "wrongful-birth" claims

Abstract

Last year a Winnipeg couple whose baby was born with profound disabilities initiated a lawsuit against their doctor alleging that they were not adequately informed of the results of a prenatal blood test. The case was later settled out of court. Although the legal basis of the suit was negligence, the damages claimed related to the controversial concepts of "wrongful birth" and "wrongful life". As more and more prenatal tests are developed, physicians should familiarize themselves with the ways informed consent pertains to prenatal testing.