Does a doctor owe a patient truthful information about pregnancy risks?

Does a doctor owe a patient truthful information about pregnancy risks? Fear that silence can steal a decision: a Texas ruling in 1975 made it possible to sue not for causing a child's disability but for depriving parents of information about maternal rubella-could withholding a diagnosis be a legal harm? What did courts mean when they recognized "wrongful birth," and how could a lost choice ever be proved? In this episode, we tell the story of Dortha Jean Jacobs, the Texas Supreme Court's February 19, 1975 decision, and the doctrine that followed; we trace how a physician’s failure to disclose a rubella infection led to a novel legal claim and the unresolved questions it raised about causation and the implications for children and parents. Person: Dortha Jean Jacobs Person: Lesli Jacobs Date: February 19, 1975 Event: Texas Supreme Court ruling recognizing wrongful birth Topic: Failure to disclose maternal rubella diagnosis - Dortha Jean Jacobs became ill with rubella during pregnancy and received no diagnosis or warning from her doctor. - Lesli Jacobs was born severely disabled as a result of congenital rubella. - The Texas Supreme Court held there was a patient-doctor relationship and negligent failure to disclose risk, creating a new cause of action. - The ruling framed the harm as the foreclosure of the parents’ choice, not as the child’s existence being a harm. - Plaintiffs must prove what decision they would have made if given truthful information, requiring testimony about whether they would have terminated the pregnancy. To listen to this podcast ad-free and access premium episodes, try our subscription with a 14-day free trial at obomedia.com. © 2026 OBOMEDIA. All rights reserved. This episode and its content (audio, text, and related materials) are the exclusive property of OBOMEDIA and are protected by applicable copyright laws. Reproduction, distribution, editing, or commercial use, in whole or in part, without prior written permission from OBOMEDIA is prohibited. For permissions, licensing, and business inquiries: [email protected].