Parents of children born with genetic defects can sometimes recover for emotional distress – and physical injury resulting from emotional distress – if a physician negligently advised the parents concerning the child’s genetics. For example, if a doctor fails to inform you before your child is born that your child is likely going to be born paralyzed, you could have a wrongful birth cause of action.
Of course, the jury will offset any monetary damages you prove by the benefits of having a child – genetic defect or not. You also cannot recover from the doctor for an impaired relationship with the child resulting from the genetic defect, because the doctor did not cause the genetic defect itself. In addition, the child is not entitled to recover any damages.
You might have a similar claim if an adoption agency – government or otherwise – negligently failed to inform you about conditions set forth in a child’s medical records prior to adoption. For example, if the agency fails to inform you that the child will likely, due to a known medical condition, becomeparalyzed in the near future, you could have a wrongful adoption claim.
