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Journal Article

Citation

Mair J. Aust. Coll. Midwives Inc. J. 1992; 5(2): 15-20.

Copyright

(Copyright © 1992, Australian College of Midwives)

DOI

unavailable

PMID

1388350

Abstract

The right of a child born disabled as a result of a negligent act committed by another whilst the child was in utero is a recognized principle of law in the major common law countries. It is also recognized that a child who suffers injuries caused to it due to a negligent act committed prior to conception may also have a right to seek compensation. The right to bring such an action is contingent upon the child being born alive and being able to prove a causal connection between the alleged negligent act and the injuries complained of. However, with few exceptions, such legal actions have to date been taken against third parties whose negligence allegedly caused the injuries complained of. It was only a matter of time before courts would be called upon to consider an action taken against the mother of the child for the mother's alleged negligence causing harm to the child during pregnancy.


Language: en

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