4583 In an action for wrongful life, plaintiff must establish that defendant failed to diagnose the probability that plaintiff would be born with a defect and warn plaintiff's parents in time to terminate the pregnancy; under California law, once a fetus becomes viable, an abortion is unauthorized, so a doctor who reasonably could not diagnose a potential birth defect until after the fetus became viable had no duty to advise the mother of a right to an abortion.CitationBARRAGAN v LOPEZ (Wrongful Life) 156 CA4 997 [See: H&SC 123468; Gami v Mullikin 18 CA4 870, T/AT 11/93]
|
|