Which term describes a lawsuit by or on behalf of a child with birth defects alleging negligent advice caused conception or continuation of pregnancy?

Study for the Chartered Property Casualty Underwriter 530 Exam with flashcards and multiple choice questions. Each question has hints and explanations to enhance your understanding and prepare you thoroughly.

Multiple Choice

Which term describes a lawsuit by or on behalf of a child with birth defects alleging negligent advice caused conception or continuation of pregnancy?

Explanation:
Wrongful life action. This term describes a lawsuit brought on behalf of a child with birth defects who claims that negligent medical or genetic counseling caused conception or the decision to continue a pregnancy, resulting in the birth of a child with disabilities. It’s different from wrongful birth, where parents sue for failure to inform or diagnose a fetal defect so they could choose to terminate or take other actions. It’s also distinct from wrongful-pregnancy actions (typically related to contraception or sterilization failures) and from torts like malicious prosecution or private nuisance, which involve entirely different legal issues.

Wrongful life action. This term describes a lawsuit brought on behalf of a child with birth defects who claims that negligent medical or genetic counseling caused conception or the decision to continue a pregnancy, resulting in the birth of a child with disabilities. It’s different from wrongful birth, where parents sue for failure to inform or diagnose a fetal defect so they could choose to terminate or take other actions. It’s also distinct from wrongful-pregnancy actions (typically related to contraception or sterilization failures) and from torts like malicious prosecution or private nuisance, which involve entirely different legal issues.

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