Wrongful Pregnancy - Law Dictionary Search Results
Home Dictionary Name: wrongful pregnancywrongful pregnancy
wrongful pregnancy : a malpractice claim brought by the parents of a healthy but unwanted child usually against a physician or health-care provider for alleged negligence in performing a sterilization or abortion procedure and sometimes against a pharmacist or pharmaceutical manufacturer of contraceptives ;also : the pregnancy or injury at issue in such a claim [an action for wrongful pregnancy] called also wrongful conception NOTE: A majority of courts faced with the issue have disallowed damages for child-rearing expenses in wrongful pregnancy cases. It is more common to recover for medical expenses, pain and suffering, lost wages, or loss of consortium from pregnancy and childbirth. ...
wrongful conception
wrongful conception : wrongful pregnancy ...
wrongful birth
wrongful birth : a malpractice claim brought by the parents of a child born with a birth defect against a physician or health-care provider whose alleged negligence (as in prenatal testing or diagnosis) effectively deprived the parents of the opportunity to make an informed decision whether to avoid or terminate the pregnancy ;also : the birth or injury at issue in such a claim [recognize a cause of action for wrongful birth] NOTE: Two factors behind the general recognition of the wrongful birth claim are scientific advances in prenatal diagnosis of birth defects and the legalization of abortion. Wrongful birth and wrongful life are distinct from malpractice claims alleging actual physical injury to a fetus caused by a negligently performed procedure. ...
Medical termination of pregnancy
Medical termination of pregnancy, means the termination of pregnancy permissible under the provisions of Medical Termination of Pregnancy Act, 1971. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (ha)]...
Pregnancy, Plea of
Pregnancy, Plea of. When a woman is capitally con-victed, and pleads her pregnancy, execution will be respited until she be delivered. See JURY OF MATRONS....
Pregnance
Pregnancy...
Pregnancy
Pregnancy, the state of being with child. It may be an 'illness' preventing the attendance of a witness, Reg. v. Wellings, (1878) 3 QBD 426....
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Gaining wrongfully
Gaining wrongfully, A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. (Indian Penal Code, s. 23)...
Wrong
Wrong, the privation of right, an injury, a designed or known detriment. See TORT, and Addison or Clerk and Lindsell on Torts.The maxim that 'No man can take advantage of his own wrong' means that a man cannot enforce against another a right arising from his own breach of contract or breach of duty, Re London Celluloid Co., (1888) 39 Ch D 206, per Bowen, LJ.An estate gained by wrong is always a fee simple. A squatter may, of course, be ejected before the Statute of Limitations has run in his favour, but as long as he remains he has seisin of the freehold to him and his heirs, 'because wrong is unlimited and revenues all that can be gotten and is not governed by terms of the estates, because it is not contained within rules': Hob. P. 323; Co. Litt. 181 a; Williams on Seisin, p. 7. But a squatter is bound by restrictive covenants affecting the land, Re Nisbet, (1906) 1 Ch 386.In order to be a 'wrong' within the meaning of s. 23(1)(a) of the Hindu Marriage Act, 1955 the conduct alleged ha...
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