The one legal action I could never get my hands around in law school is the one for wrongful conception or wrongful birth. This is where a negligent tubal ligation or vasectomy, or a misfilled birth control prescription occurs, and a healthy child is thus born. And the parent sues.
We were reminded in bar review today that in such an action, you can get damages for medical expenses, lost wages, pain and suffering, emotional distress, possible loss of consortium, and abortion costs, if that path is chosen.
But what about the child who grows up and finds out that his/her parent sued because they were born? I can't imagine the pain.
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