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Baby v mother.

J Mair

    Australian College of Midwives Incorporated Journal
    |June 1, 1992
    PubMed
    Summary

    Children born disabled due to negligence before or during pregnancy may seek compensation. This legal principle is evolving, with recent considerations of maternal negligence claims.

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    Area of Science:

    • Legal Studies
    • Medical Law
    • Tort Law

    Background:

    • Common law jurisdictions recognize a child's right to compensation for disabilities caused by negligence before or during gestation.
    • Legal actions for prenatal injuries have historically targeted third parties, not the mother.

    Purpose of the Study:

    • To explore the legal landscape concerning a child's right to compensation for disabilities resulting from maternal negligence during pregnancy.
    • To analyze the emerging legal precedent of holding mothers liable for prenatal harm caused by their negligent acts.

    Main Methods:

    • Review of established legal principles in major common law countries regarding prenatal injury claims.
    • Analysis of case law and legal scholarship concerning the expansion of liability to maternal negligence.

    Main Results:

    • The legal right to compensation for children born disabled due to negligence is established.
    • A developing area of law involves claims against mothers for prenatal negligence causing harm to their children.
    • Successful claims require the child to be born alive and prove a direct causal link between the alleged negligence and the injury.

    Conclusions:

    • The legal framework is adapting to address the complexities of maternal negligence and its impact on child disability.
    • Future litigation may increasingly focus on establishing maternal liability in prenatal injury cases.

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