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. 2000 Apr 22;320(7242):1134.

Damages claimed for antenatal injuries

PMCID: PMC1127258  PMID: 10775229

According to the New York Medical Record, the Supreme Court of Illinois has recently adjudicated in a remarkable case. An infant claimed damages for a deformity alleged to have resulted from injury to the mother before its birth. The mother, while pregnant, was injured in an elevator accident at St. Luke's Hospital, Chicago, her left leg being caught and crushed. When the child was born his left leg was deformed. The hospital authorities settled with the woman for her injuries, and then she brought suit in the child's name for 50,000 dollars damages for the deformity, which it was claimed was due to the same accident. The Court dismissed the suit on the ground that at the time of the accident the child could not be credited as a separate being capable of sustaining an action independent of the mother. (BMJ 1900;i:659)


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