Fleisher L D
Sidley & Austin, Chicago, IL 60603.
Am J Dis Child. 1987 Dec;141(12):1260-5.
Every jurisdiction recognizes the right of a child to recover damages for prenatal injury caused by the negligence of a third party. This concept of liability for prenatal injury has been extended to include the right of parents (and sometimes the child) to recover damages from a physician who negligently deprives them of the opportunity to prevent the "wrongful birth" of an affected child. The most troubling question to arise, however, is whether a pregnant woman has a legal duty to avoid negligent behavior that may injure her future child. The unique and compelling conflicts that surround the recognition of such a prematernal duty encompass the child's right to be born free of any negligently induced injury and the pregnant woman's rights to personal privacy and bodily autonomy.
每个司法管辖区都承认儿童有权就第三方的过失导致的产前伤害获得损害赔偿。这种产前伤害责任的概念已经扩展到包括父母（有时是孩子）有权从疏忽地剥夺他们防止受影响孩子“错误出生”机会的医生那里获得损害赔偿。然而，出现的最棘手问题是，孕妇是否有法律义务避免可能伤害其未来孩子的疏忽行为。围绕承认这种孕前责任所产生的独特而紧迫的冲突，涵盖了孩子出生时不受任何疏忽导致伤害的权利以及孕妇的个人隐私和身体自主权。
