## Facts

- Patricia Hester received prenatal care in 1992 from Dr. Leela Dwivedi and Dr. Luis R. Saldana, including ultrasound, AFP blood testing, and amniocentesis.
- The complaint alleged prenatal test results indicated possible fetal defects and that the physicians negligently informed, or failed to inform, Patricia of those results.
- In 1993, Patricia gave birth to Alicia Hester, who had spina bifida and related complications.
- Through her father as next friend, Alicia alleged that the nondisclosure deprived Patricia of the opportunity to decide whether to obtain a legal abortion.
- Alicia sought damages for future medical expenses, lost wages and earning capacity, and pain and suffering, premised on the theory that she would not have been born but for defendants’ negligence.
- The trial court granted judgment on the pleadings against Alicia’s claims; the court of appeals affirmed; discretionary review was limited to the child’s claims.

## Issues

1. Whether Ohio recognizes a medical negligence claim by or on behalf of a child born with disabilities alleging that negligent failure to disclose prenatal test results deprived the mother of an informed decision to obtain a legal abortion (a “wrongful life” claim).

## Decision

- The Supreme Court of Ohio affirmed dismissal of the child’s claims.
- The court held that a child born with physical or other handicaps does not state a cause of action in medical negligence based on a physician’s failure to inform the mother of prenatal test results indicating possible defects that could affect an abortion decision.
- Ohio does not recognize a “wrongful life” cause of action.

## Legal Principles

- Ohio law does not permit a child to recover in negligence for being born with disabilities rather than not being born when the alleged malpractice is nondisclosure of prenatal diagnostic information.
- The asserted injury in a wrongful-life claim is existence in an impaired condition versus nonexistence, a comparison courts cannot make in a legally measurable way for damages.
- A physician’s duty to disclose prenatal information relevant to pregnancy termination runs to the pregnant woman; the legal right to decide whether to terminate a pregnancy belongs to her, not the child.
- Any cognizable injury from deprivation of informed reproductive choice is suffered by the parents, not the child.

## Conclusion

The Ohio Supreme Court refused to recognize wrongful-life negligence claims by children based on alleged nondisclosure of prenatal test results, reasoning that courts cannot value impaired life against nonexistence and that the relevant duty and decision-making right concern the mother’s reproductive choice.


Hester v. Dwivedi, 733 N.E.2d 1161 (Ohio 2000)