B. Elements

B. Elements

A claim for wrongful birth is not a new and distinct cause of action, but falls within the traditional boundaries of negligence.⁵ In order to recover in any negligence action, the plaintiff must show:

(1) a duty of care owed by the defendant to the plaintiff
(2) a breach of that duty by a negligent act or omission
(3) damages proximately resulting from the breach.⁶

Sometimes the damages element is separated from proximate causation to create four elements.⁷

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Notes:

^[5] Phillips v. United States, 508 F. Supp. 544, 550 (D.S.C. 1981), citing Comment, Wrongful Birth Damages, 13 Val.U.L.Rev. 127 (1978). See...