The term wrongful abortion refers to an

abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...

that a pregnant woman undergoes as a result of negligent or malicious conduct by a physician or health care provider.

Types of wrongful abortion

There are at least two archetypal cases of wrongful abortion:

Misinformation about pregnancy

In a case of the first type, a pregnant woman seeks medical counseling regarding the possible perils related to the continuance of her

pregnancy Pregnancy is the time during which one or more offspring develops (gestation, gestates) inside a woman, woman's uterus (womb). A multiple birth, multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occur ...

. The adviser mistakenly maintains that the pregnancy is fraught with substantial risks for the woman, and she consequently decides to undergo an abortion. Later it is found that the information given by the adviser was wrong.

Misinformation about health of fetus

In a case of the second type, the woman seeks advice concerning the health and bodily integrity of her

fetus A fetus or foetus (; plural fetuses, feti, foetuses, or foeti) is the unborn offspring that develops from an animal embryo. Following embryonic development the fetal stage of development takes place. In human prenatal development, fetal dev ...

(''see'' genetic counseling,

prenatal diagnosis Prenatal testing consists of prenatal screening and prenatal diagnosis, which are aspects of prenatal care that focus on detecting problems with the pregnancy as early as possible. These may be anatomic and physiologic problems with the health of ...

), and decides to undergo an abortion after being told that the fetus is deformed or disabled. Here, too, it is eventually realized that the information was wrong.

Analogous terms

Wrongful pregnancy/conception

"Wrongful abortion" is comparable to other types of birth-related

malpractice In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition, Professionals who may become the subject of malpractice actions inc ...

. One category of birth-related malpractice consists of cases in which negligence by the defendant resulted in the birth of a healthy yet unwanted child. The negligence may manifest itself in the manufacture, provision, or installation of contraceptives; in the performance of vasectomy or tubal ligation; or in the carrying out of an abortion. These cases are usually labeled "wrongful pregnancy" (or "wrongful conception" in appropriate cases). In a way, they represent a mirror image of wrongful abortion cases, although they are not exact reflections. In cases of wrongful pregnancy, the doctor's negligence makes the fulfillment of the parents’ will impossible, while in wrongful abortion cases the doctor's negligence instigates, but does not necessitate, a decision that turns out to be inconsistent with such will.

Wrongful birth/life

Another category of birth-related malpractice, more closely related to wrongful abortion, consists of cases in which a woman seeks medical advice regarding the health of her fetus, and decides to conceive or to continue her pregnancy once the adviser maintains that the fetus will not be born with congenital disabilities, a statement that is later found to be incorrect. The parents’ cause of action for their resulting losses is labeled "wrongful birth," while the infant’s cause of action for their own losses is termed "

wrongful life Wrongful life is the name given to a cause of action in which someone is sued by a severely disabled child (through the child's legal guardian) for failing to prevent the child's birth. Typically, a child and the child's parents will sue a doctor ...

." Wrongful birth is a more accurate mirror image of wrongful abortion.Appel, Jacob. Physicians, Wrongful Life and the Constitution ''Medicine & Health, Rhode Island'' Volume 87, Number 2. February 2004. The former deals with the non-prevention of the birth of an unwanted child, whereas the latter deals with the prevention of the birth of a wanted child. In both cases the defendant’s negligence does not make the fulfillment of the parent’s will physically impossible, but instigates a decision that turns out to be inconsistent with such will.

Types of wrongful abortion

Misinformation about pregnancy

Misinformation about health of fetus

Analogous terms

Wrongful pregnancy/conception

Wrongful birth/life

See also

References

Further reading