Question

A doctor fails to detect or disclose painful birth defects in time to permit an abortion. Under what tort can the child sue?

Answer 1

The child can sue under a Medical Malpractice suit but at the same time he should be sending the doctor a thank you note for failing to disclose this information therefore allowing him to live in the first place.  

Answer 2

Well when we are talking about a situation like this we can automatically eliminate Wrongful death. Because it make no sense, the child is till alive. Thus saying it is common knowledge, but when can also eliminate Duty Theory. After that we can eliminate Hippocratic Oath, this really means nothing to the question. So to answer the question it would be Wrongful Life.