Reed v. Campagnolo
Maryland. Court of Appeals
Atlantic Reporter, 2d Series 1993 September 17; 630: 1145-1154
The Maryland Court of Appeals held that Maryland law recognizes a cause of action for wrongful birth when a physician fails to advise a patient of available prenatal tests that could diagnose neural tube defects in a fetus. However, Maryland does not recognize a cause of action for lack of informed consent when a physician fails to act, because consent must be given to some treatment or therapy, which in this case was never proposed. The plaintiffs' child was born with spina bifida, hydrocephaly and other birth defects, which could have been detected through routine testing of maternal serum in midpregnancy. They asserted that had that testing been done, it would have revealed these anomalies and the plaintiffs would have terminated the pregnancy. Before proceeding in trial, a federal court required certification by a state court that Maryland recognizes these causes of action in law.
Date of Decision: 17 September 1993
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