Cockrum v. Baumgartner

This appeal concerns the extent of the damages that may be recovered in a malpractice action based on a so-called “wrongful pregnancy” or “wrongful birth.” The issue was raised in two medical malpractice suits that were consolidated on appeal from the circuit court of Cook County to the appellate court. In both cases, the plaintiffs had alleged that but for the negligence of the defendants each of the female plaintiffs would not have borne a child. In both actions, the plaintiffs sought to recover for the pain of childbirth, the time lost in having the child, and the medical expenses…