This Article discusses how the recognition of prenatal injury recovery and the demise of the parental immunity doctrine present a dilemma to the courts in choosing between the child's right to be born free of injuries and a woman's right to control her own body. The author focuses his analysis on four issues: (1) the law concerning the ability of a child born alive to recover for prenatal injuries, (2) the law concerning parental immunity as its affects potential lawsuits of children against their mothers, (3) the ability of medical experts to establish a cause and effect relationship between prenatal care by a woman and the occurrence of physical or mental defects in children, and (4) the ability of the courts to articulate a legally sound definition of a woman's duty to her potential child. The author concludes that the recognition of a child's right to recover for prenatal injuries will have tremendous implications for how women conduct their everyday lives.
"Can I Sue Mommy"? An Analysis of a Woman's Tort Liability for Prenatal Injuries to Her Child Born Alive,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol21/iss2/4