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Unborn child can sue for failure to diagnose parent

A state court of appeals reversed the dismissal of a medical malpractice suit filed on behalf of a child who was conceived but not yet born at the time a doctor failed to diagnose colon cancer in the child’s father. The failure to diagnose occurred approximately one month after the deceased and his wife learned that they were pregnant. The father died of cancer four months after the child was born. Although the trial court initially dismissed the case for lack of standing, the appellate court ruled that the child conceived but unborn at the time of the injury could file a negligence suit and sue for loss of companionship.

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