For Physicians. By Physicians.™
For Physicians. By Physicians.™
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.
SUPREME COURT OF IOWA No. 15–0974
Accuracy of diagnosis and counseling of fetal brain anomalies prior to 24 weeks of gestational age
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