What is a notable characteristic of wrongful birth claims?

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A notable characteristic of wrongful birth claims is that parents can recover damages for the failure to diagnose a defect or condition during prenatal care that results in the birth of a child with disabilities or medical issues. These claims are predicated on the argument that, had the parents been adequately informed of the potential for such defects, they might have made different reproductive choices, such as opting for an abortion or choosing to forego conception altogether.

In wrongful birth cases, the courts recognize the significant emotional and financial implications of raising a child with disabilities. The damages sought often include the costs of medical care, education, and special needs associated with the child’s condition, thus acknowledging the parents’ right to make informed decisions regarding their family planning.

The other choices provide context that clarifies why they do not embody the core aspect of wrongful birth claims. They are not limited to adoption cases, only allow for financial losses, or exclude emotional distress claims. In fact, emotional distress is often a significant component in the claims made by parents, recognizing the profound impact of the decision not being adequately communicated.

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