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Court: Woman Can Sue for Emotional Distress of Carrying an Unwanted Down Syndrome Baby

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A Michigan appeals court ruled that a woman who got pregnant after having her Fallopian tubes blocked can get financial damages in a medical malpractice claim to compensate her for the emotional distress of knowing she would deliver a child with Down Syndrome.

The Appellate Court denied Lori Cichewicz‘s claim for the costs of raising a child with Down Syndrome but said she can seek compensation for the stress associated with the unplanned pregnancy like any medical malpractice claim.

Cichewicz  said  her doctor assured by her that her Fallopian tubes were blocked and she didn’t need to use birth control. But she became pregnant and gave birth to a daughter in 2011. It is another of those rare cases of of so-called wrongful conception.

The court ruled 3-0 in her favor. The lawsuit now returns to Oakland County Circuit Court.

h/t Detroit News

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