The Moral Cost of Compensatory Damage Claims in Reproductive Negligence Cases

Wasserman, David

Journal: The Journal of Contemporary Legal Issues

Volume: 23

First Page: 31

Year: 2021

Bluebook Citation: 23 J. CONTEMP. LEGAL ISSUES 31 (2021)

Author: David T. Wasserman: all 9 publications


Abstract

In this original and important work, Dov Fox makes a compelling case for rethinking and reformulating the way that negligent conduct by reproductive health professionals is understood, and in the way the harms resulting from that misconduct are rectified. He seeks a unified account of this negligence and harm that recognizes the “gravamen of the offense” as the wrongful interference with reproductive planning while also recognizing three distinct categories of adverse outcomes: deprived, imposed, and confounded procreation. Fox argues that the injuries in each category differ from each other sufficiently to justify the recognition of three distinct torts.

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