Eighth Circuit Recognizes an Infant’s Cause of Action Under Missouri Law for a Preconception Negligent Act

Date

1979

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyses the United States Court of Appeals for the Eighth Circuit’s case Bergstreser v. Mitchell. In Bergstreser, the court held that Missouri law recognizes a cause of action for children who were born alive and suffered injury from preconception negligence. Further, the court held that this negligence claim was not barred by statute of limitations, even if that period had run between the injury and the birth.

Description

Keywords

Preconception, Negligence, Eighth circuit, Statute of limitations, Bergstreser v. Mitchell, Case note

Citation

10 Tex. Tech L. Rev. 487