Legal Opinion

Johnson v. University Hospitals

Ohio Supreme Court

Decided July 5, 1989No. 88-485PublishedCited by 60 opinions

1Opinion of the CourtDouglas, J.

The issue raised in this case is whether the parent of a healthy, normal child, born subsequent to a negligently performed sterilization operation, may recover, as an element of damages, the expenses of raising the child.

Numerous cases in other jurisdictions have been reported concerning the type of action before us. These cases have been variously classified as “wrongful pregnancy,” “wrongful birth,” or “wrongful life.” However, a consensus appears to be emerging that several distinct causes of action are described in these categories. Smith v. Gore (Tenn. 1987), 728 S.W. 2d 738, 741.

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2Cases cited24 opinions

  1. Jackson v. BumgardnerSupreme Court of North Carolina · 1986
  2. Custodio v. BauerCalifornia Court of Appeal · 1967
  3. Rieck v. Medical Protective Co.Wisconsin Supreme Court · 1974
  4. Coleman v. GarrisonSupreme Court of Delaware · 1975
  5. University of Arizona Health Sciences Center v. Superior CourtArizona Supreme Court · 1983

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3Cited by60 opinions

  1. Cincinnati v. Beretta U.S.A. Corp.Ohio Supreme Court · 2002
  2. Dehn v. EdgecombeCourt of Appeals of Maryland · 2005
  3. Soto Cabral v. Estado Libre AsociadoSupreme Court of Puerto Rico · 1995
  4. Anderson v. St. Francis-St. George Hospital, Inc.Ohio Supreme Court · 1996
  5. Lovelace Medical Center v. Mendez Ex Rel. MendezNew Mexico Supreme Court · 1991

55 more not listed; retrieve them via the Exa API.

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