“If any Washington health care provider breaches their duty ‘to follow the accepted standard of care,’ then damages proximately caused by the provider’s negligence may be recovered upon the necessary factual finding. RCW 7.70.030(1). The same is true for providers of reproductive health care,” Justice Mary I. Yu wrote on behalf of the court. “As a result, where negligent contraceptive care results in the birth of a child, and that child has a congenital defect, the provider may be liable for damages relating to the child’s condition. Such liability does not require proof that the child was at a known, heightened risk for developing congenital defects or that the patient sought contraception for the specific purpose of preventing the birth of a child with congenital defects.”

       

Cindy Speaker

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