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Wrongful Birth: Plaintiffs Can Recover for Emotional Distress

November 1, 2013  ·  By HM&M

With the rapid growth of prenatal genetic testing, courts are increasingly faced with complex issues arising from claims of negligent genetic counseling. In its 1987 decision in Siemieniec v. Lutheran General Hospital, the Illinois Supreme Court first recognized parental tort claims for wrongful birth when negligent genetic counseling results in the birth of a disabled child.

Recently in Clark v. Children’s Memorial Hospital, the Illinois Supreme Court clarified that damages available to parents who pursue a wrongful birth claim include both the extraordinary expenses of care for the disabled child until his or her majority, as well as compensation for the parents own emotional distress.

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