Ore. Supreme Court Recognizes ‘Wrongful Birth’ Claims

Law360 (February 8, 2018, 9:01 PM EST) -- The Oregon Supreme Court allowed to move forward a medical malpractice suit alleging a couple would not have had a second son had their first-born son been properly diagnosed with a genetic disorder, affirming a 2015 lower appeals court ruling which recognized “wrongful birth” claims.

The state’s highest court upheld a Court of Appeals decision to revive a suit accusing Dr. Mary K. Wagner, her practice group Metropolitan Pediatrics LLC and Legacy Emanuel Hospital of failing to timely diagnose Duchenne muscular dystrophy in Kerry and Scott...
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