Abstract
Wrongful conception is a medical malpractice claim by parents that arises from the negligent performance of a sterilization procedure.' Wrongful birth, on the other hand, is a claim that a health care provider has breached a duty subsequent to conception that results in the birth of an abnormal child While Missouri recognizes wrongful conception as a valid cause of action, it has statutorily refused to allow a wrongful birth claim. Williams v. Van Biber was an action for wrongful conception, but it involved an aspect of wrongful birth, a birth defect. The case addressed the question of whether parents may recover extraordinary expenses when a negligently performed sterilization procedure results in the birth of a child with defects. This note examines how other jurisdictions have handled the issue, evaluates the Williams court's approach, and discusses the policy concerns that surround such a claim.
Recommended Citation
Melissa K. Smith-Groff,
Wrongful Conception: When an Unplanned Child Has a Birth Defect, Who Should Pay the Cost,
61 Mo. L. Rev.
(1996)
Available at: https://scholarship.law.missouri.edu/mlr/vol61/iss1/10
