Two relatively new actions for negligence include the torts of "wrongful birth" and "wrongful conception." In the former, a plaintiff essentially contends that a child should never have been born in that the child's birth is a compensable injury. This type of situation may arise where a medical professional does not diagnose a medical condition in the mother that is later discovered to cause a birth defect in the child. In the latter action, a healthy child has been born, but the parent(s) are contending that the conception should never have occurred and was caused by a medical provider's negligence. Both torts are highly controversial in the legal community.

Research Georgia's legal positions on wrongful birth and wrongful conception lawsuits and then answer the following:

1. Does Georgia recognize the tort of "wrongful birth?" If so, cite the primary source of law and list the elements of such a claim. If not, answer the question, cite the source, and list the elements of the tort using the law of a neighboring jurisdiction and, if applicable.
2. 
   

Answer rating: 100% (QA)

Georgias Legal Position on Wrongful Birth and Wrongful Conception Lawsuits Wrongful Birth Does Georgia recognize the tort of wrongful birth NoGeorgia ... View the full answer