Washington Supreme Court Allows Recovery of Extraordinary Damages for “Negligent Reproductive Healthcare”

September 2022 | Category: Articles and Presentations

Have parents sustained compensable damages if they have an unplanned child as a result of a physician’s failure to meet the standard of care when providing contraceptive care? What if the child is born with disabilities that were not caused by the physician’s care? Is the physician liable for the extraordinary medical costs necessitated by the child’s condition? May the parents recover for emotional distress arising from raising a child with disabilities? The Washington Supreme Court recently answered these questions in the affirmative in Pacheco v. U.S., 515 P.3d 510 (2022).

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