Law Commons^™

Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar

Ronen Perry

Wrongful abortion is an abortion that a pregnant woman is induced to undergo by a negligent conduct (usually a medical misrepresentation). For example, early in her pregnancy a woman is told by her physician that a medication that she had taken would cause her baby to be born with a severe birth defect. Based on the expert opinion, she decides to undergo an abortion. Only after the abortion does she learn that the advice regarding the baby's health was a negligent misrepresentation, and that the termination of the pregnancy was unnecessary. Underlying our article is a fundamental intuition that the …