Earlier this month, the federal appellate court overseeing Connecticut and several other eastern states issued a written opinion in a medical malpractice case regarding a plaintiff’s ability to bring a wrongful birth lawsuit. The case presents interesting issues for victims of Connecticut medical malpractice because, like the state where the case arose, Connecticut does allow for several types of wrongful birth claims. However, the case illustrates that there is a limit to the class of cases covered by wrongful birth statutes.
Connecticut Wrongful Birth Claims
Wrongful birth is a term used to describe a specific type of medical malpractice claim. Specifically, the term refers to a situation in which, absent the medical provider’s negligence, the plaintiff would not have gotten pregnant.
In Connecticut, there are three types of permissible wrongful birth claims:
- Failure to properly perform a sterilization procedure;
- Failure to inform soon-to-be parents of an unborn child’s abnormality or birth defect; and
- Failed abortion procedures.