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Prenatal Injuries, Andrew L. Johnson Jr.

Cleveland State Law Review

Our courts have been increasingly perplexted by the question of whether or not an infant should have a right of action for personal injuries negligently caused to its body prior to birth. Stated another way, does an infant while in its mother's womb have an interest in the freedom from invasion of its bodily security equivalent to and commensurate with that of a person already born?