U.S. Faces Suit for Military Doctor’s Alleged Pre-Conception Act

Aug. 21, 2020, 1:10 PM

The estates of three babies who died shortly after birth due to extreme prematurity can sue the U.S. over a military physician’s alleged negligence during the insemination procedure in which they were conceived, a federal court in Virginia said.

Virginia law recognizes that a child has medical malpractice claim for injuries suffered in the womb so long as it was born alive, the U.S. District Court for the Eastern District of Virginia said Thursday.

The court predicted Virginia’s courts would extend that cause of action to include preconception misconduct. It denied the U.S.'s motion to dismiss the estates’ Federal Tort ...

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