Credit: charnsitr/Adobe Stock State High Court: Claims of Negligent Contraceptive Care May Include 'Extraordinary Damages' for Raising Child With Birth Defects
"...[W]here negligent contraceptive care results in the birth of a child, and that child has a congenital defect, the provider may be liable for damages relating to the child's condition," Justice Mary I. Yu wrote on behalf of the court. "Such liability does not require proof that the child was at a known, heightened risk for developing congenital defects or that the patient sought contraception for the specific purpose of preventing the birth of a child with congenital defects."
August 23, 2022 at 06:36 PM
7 minute read
In a certified question from the U.S. Court of Appeals for the Ninth Circuit, the Washington State Supreme Court unanimously held that a patient who received negligent reproductive health care may recover all damages proximately caused by the provider's negligence.
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