Preconception Torts: A Look at Our Newest Class of Litigants

Date

1978

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyses the emerging area of preconception torts—tortious conduct against unborn children. The author believes that the courts should develop the case law by applying the factors of public policy and the common-law concepts of duty rather than to arbitrarily deny the action. This approach would allow a court to extensively question the need for a distinction between tortious conduct that occurs prior, rather than subsequent, to conception.

Description

Keywords

Unborn children, Preconception torts, Torts, Negligence prior to conception, Prenatal actions, Litigants

Citation

10 Tex. Tech L. Rev. 97