Home Medical Malpractice Extraordinary Damages Available in Birth Control Negligence Case

Extraordinary Damages Available in Birth Control Negligence Case

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Aug. 18, 2022, 7:43 PM

Damages for negligently providing contraceptive care may include the extraordinary costs associated with raising a child born with birth defects, Washington’s top court said Thursday in answering a question certified to it by the Ninth Circuit.

A medical provider who breaches a duty to follow accepted standards when providing contraceptive care can be held liable for all the damages proximately caused by their negligence, including damages related to the child’s condition, even if it wasn’t reasonably foreseeable, the Washington Supreme Court said.

The court rejected labels that other courts have pasted on similar claims, including “wrongful birth” and “wrongful life.” …

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