Wrongful birth litigation and prenatal screening

Pioro, Mark; Mykitiuk, Roxanne; Nisker, Jeff
November 2008
CMAJ: Canadian Medical Association Journal;11/4/2008, Vol. 179 Issue 10, p1027
Academic Journal
The article discusses the new clinical practice guidelines on prenatal screening in Canada. According to the new clinical practice guidelines, successful wrongful birth litigation may hike in the country if clinicians do not practice. The guidelines can lessen successful malpractice actions through physician education and they may be used in court as evidence that the standard of care is met. The guidelines include the recommendation that all pregnant women be offered prenatal screening, rather than just women aged 35 years or more. The guidelines also emphasize obligations of respect for reproductive autonomy and respect for disabled people. However, tension exists between these obligations because clinicians may be legally liable if prenatal screening is not offered.


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