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Liability for Prenatal Injuries

D. N. Malone, MB, ChB
JAMA. 1963;183(9):805. doi:10.1001/jama.1963.03700090125025.
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To the Editor:  —My colleague and I were astounded and dismayed to read R. P. Bergen's article on liability for prenatal injuries, published in The Journal (182:178 (Oct 13) 1962.)Litigation, especially in the US, is an ever-increasing hazard to the practise of medicine, but this recent court ruling appears to be approaching the absurd. It would now seem that the medical profession must rely on the courts to establish the cause of diseases, and I am most grateful to the court for informing me that maternal anemia during pregnancy is a probable cause of cerebral palsy. I have always been of the opinion that the cause of this disease is as yet unknown, though many contributory factors have been implicated.It may be that I have misunderstood the court's reason for awarding judgment against the physician, since I am not in full possession of the facts of the


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