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Torts

Campbell University School of Law

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Tort reform/North Carolina

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Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire Apr 2007

Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation To North Carolina Legislators, Michelle Mcentire

Campbell Law Review

Part I of this Comment will provide an overview of the national perspective on these three types of prenatal negligence claims. Part II will discuss North Carolina's viewpoint and the evolution of its case law addressing prenatal negligence. Part III examines fundamental rights recognized by the United States Supreme Court and related North Carolina laws. Part IV considers the policy issues dominating the debate surrounding prenatal torts. Part V suggests North Carolina should protect the rights of expectant parents through legislation allowing medical malpractice claims for post-conception prenatal negligence.