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Personal Injury--Actions, Defenses, Damages

Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

27-148 Personal Injury--Actions, Defenses, Damages 148.syn


Wrongful Adoption: Liability for Misconduct in Disclosure of Health-Related Information


Louis R. Frumer,; Melvin I. Friedman,; and David Slavin

Chapter Summary


The term "wrongful adoption," although convenient, does not in any way refer to the adopted child. Instead, it is the misconduct of the adoption intermediary, and not the existence of the adoptee's physical or mental impairment, that triggers liability.

This chapter of Personal Injury: Actions, Defenses, Damages discusses the liability of adoption agencies and other adoption intermediaries for failure to disclose essential health information about a child to adoptive parents. These lawsuits are often characterized as "wrongful adoption," but this term covers claims sounding in a number of legal theories. The chapter concentrates on personal injury theories alleging both intentional torts and negligence and asserting many different kinds of misconduct, including fraud, negligent misrepresentation, infliction of emotional distress, and professional malpractice.

In general, intermediaries named as defendants have included public and private agencies, governmental units, and officials supervising departments that handle placements, as well as individual caseworkers and social workers, attorneys, and private physicians who have examined children before or shortly after placement. This chapter concentrates on private suits for damages against these defendants.

Personal Injury: Actions, Defenses, Damages (Matthew Bender) is a comprehensive, national encyclopedia of personal injury law. Alphabetically arranged chapters cover over 100 different types of "fact patterns" encountered in personal injury cases. In addition, each chapter provides coverage of potential actions, defenses and damages, as well as forms, such as allegations, sample complaints, checklists, and sample discovery requests.


Personal injury,wrongful adoption,adoption agency,adoption intermediary,adoptive parents,adoptive child,intentional tort,negligence,fraud,negligent misrepresentation,infliction of emotional distress,professional malpractice,adoptive placement


For a discussion of actions alleging intentional or negligent infliction of emotional distress, see 55A, Emotional Distress.

For more information on actions alleging fraud and misrepresentation, see Ch. 68, Fraud and Deceit, Including Negligent and Innocent Misrepresentation.

For a discussion of actions alleging negligence generally, see Ch. 101, Negligence.


For coverage of all the latest developments in tort reform state by state, and a wide range of pretrial, trial, and post-trial strategies, see Punitive Damages (Matthew Bender).

For a detailed discussion of virtually all theories of tort liability and defenses in California, see California Torts (Matthew Bender).

For in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases, see Damages in Tort Actions (Matthew Bender).
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