This activity is intended for healthcare providers delivering care to women and their families.
After completing this activity, the participant should be better able to:
1. Recall the definition of wrongful birth
2. Relate what costs are included when assessing economic damages
Estimated time to complete activity: 0.25 hours
Susan J. Gross, MD, FRCSC, FACOG, FACMG
President and CEO, The ObG Project
Postgraduate Institute for Medicine (PIM) requires instructors, planners, managers and other individuals who are in a position to control the content of this activity to disclose any real or apparent conflict of interest (COI) they may have as related to the content of this activity. All identified COI are thoroughly vetted and resolved according to PIM policy. PIM is committed to providing its learners with high quality CME activities and related materials that promote improvements or quality in healthcare and not a specific proprietary business interest of a commercial interest.
Faculty: Susan J. Gross, MD, receives consulting fees from Genoox, Inc., and has financial interest in The ObG Project, Inc.
Planners and Managers: The PIM planners and managers, Trace Hutchison, PharmD, Samantha Mattiucci, PharmD, CHCP, Judi Smelker-Mitchek, MBA, MSN, RN, and Jan Schultz, MSN, RN, CHCP have nothing to disclose.
Fees for participating and receiving CME credit for this activity are as posted on The ObG Project website. During the period from Dec 31 2017 through Dec 31 2019, participants must read the learning objectives and faculty disclosures and study the educational activity.
If you wish to receive acknowledgment for completing this activity, please complete the post-test and evaluation. Upon registering and successfully completing the post-test with a score of 100% and the activity evaluation, your certificate will be made available immediately.
For Pharmacists: Upon successfully completing the post-test with a score of 100% and the activity evaluation form, transcript information will be sent to the NABP CPE Monitor Service within 4 weeks.
In support of improving patient care, this activity has been planned and implemented by the Postgraduate Institute for Medicine and The ObG Project. Postgraduate Institute for Medicine is jointly accredited by the Accreditation Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team.
Postgraduate Institute for Medicine designates this enduring material for a maximum of 0.25 AMA PRA Category 1 Credit(s)™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.
The maximum number of hours awarded for this Continuing Nursing Education activity is 0.2 contact hours.
In June 2017 the Iowa Supreme Court, in a 6-1 ruling (Plowman v. Fort Madison Community Hospital, No. 15–0974), recognized a personal injury claim for ‘wrongful birth’ for the first time. In March 2017, Texas as the twelfth state joined Arizona, Idaho, Indiana, Michigan, Minnesota, Missouri, North Carolina, North Dakota, Pennsylvania, South Dakota, and Utah to outlaw wrongful birth suits. Only 12 states have laws not allowing wrongful birth claims. The remaining states recognize the claim by statute or case law.
A wrongful birth claim arises when parents of a child born with a detectable birth defect allege that they would have avoided conception or terminated the pregnancy but for the physician’s negligent failure to inform them of the likelihood of the birth defect. The advances in the detectability of birth defects and genetic conditions coupled with the wide acceptance of prenatal testing support the acceptance of wrongful birth claims. In addition, a woman’s right to terminate a pregnancy also played a role.
In the Iowa case, the parents allege the defendants failed to accurately interpret, monitor, respond to, and communicate the fetal abnormalities. Ultrasound findings consisted of an abnormally small head and a sub-optimal view of brain anatomy at 22 weeks. Follow-up was recommended, but the parents were not informed of the ultrasound results. The parents stated that if they had been informed of the abnormalities, they would have terminated the pregnancy.
If successful on their claim in the trial court, then the issue of damages must be determined. Damages fall into two categories: economic and non-economic. Economic damages are medical costs, higher costs of raising and supporting a child with a disability, and loss of parental wages for not being to work while caring for the disabled child. Non-economic damages consist of compensation for emotional distress or mental anguish. Some states have placed limits on whether non-economic damages are compensable and how much compensation can be awarded.
Take a post-test and get CME credits
OBG Project CME requires a modern web browser (Internet Explorer 10+, Mozilla Firefox, Apple Safari, Google Chrome, Microsoft Edge). Certain educational activities may require additional software to view multimedia, presentation, or printable versions of their content. These activities will be marked as such and will provide links to the required software. That software may be: Adobe Flash, Apple QuickTime, Adobe Acrobat, Microsoft PowerPoint, Windows Media Player, or Real Networks Real One Player.
This educational activity may contain discussion of published and/or investigational uses of agents that are not indicated by the FDA. The planners of this activity do not recommend the use of any agent outside of the labeled indications.
The opinions expressed in the educational activity are those of the faculty and do not necessarily represent the views of the planners. Please refer to the official prescribing information for each product for discussion of approved indications, contraindications, and warnings.
Participants have an implied responsibility to use the newly acquired information to enhance patient outcomes and their own professional development. The information
presented in this activity is not meant to serve as a guideline for patient management. Any procedures, medications, or other courses of diagnosis or treatment discussed or suggested in this activity should not be used by clinicians without evaluation of their patient’s conditions and possible contraindications and/or dangers in use, review of any applicable manufacturer’s product information, and comparison with recommendations of other authorities.