scholarly journals THE BIRTH TORTS: DAMAGES FOR WRONGFUL BIRTH AND WRONGFUL LIFE

2005 ◽  
Vol 10 (1) ◽  
pp. 319 ◽  
Author(s):  
DEAN STRETTON
Keyword(s):  
Tort Law ◽  
Title Page ◽  
Medical Negligence ◽  
Legal Systems ◽  
Disabled Children ◽  
Wrongful Life ◽  
Wrongful Birth

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>This article examines the capacity of parents of children (whether dis- abled or not) born as a result of medical negligence to sue for the costs associated with the birth and raising of the children (‘wrongful birth’), as well as the capacity of disabled children who owe their existence to medi- cal negligence to sue for the costs associated with the disability (‘wrong- ful life’). Many legal systems have allowed the first type of claim, but very few have allowed the second type. The author argues that allowing both types of claim is consistent with ordinary principles of tort law, and that there are no policy reasons that override this conclusion. Consequently, a range of damages ought to be available in relation to both types of claim.</span><span>] </span></p></div></div></div>

scholarly journals Legal Ableism, Interrupted: Developing Tort Law & Policy Alternatives to Wrongful Birth & Wrongful Life Claims

2018 ◽  
Vol 38 (2) ◽  
Author(s):  
Lydia X. Z. Brown
Keyword(s):  
Civil Rights ◽  
Assisted Suicide ◽  
Tort Law ◽  
Disabled People ◽  
Wrongful Life ◽  
Policy Alternatives ◽  
Alternative Means ◽  
History Of ◽  
Wrongful Birth ◽  
Policy Mechanisms

Early in 2016, the widely acclaimed film Me Before You premiered nationally to a spate of disabled-led protests against the ableism in the film's core story – that of a wealthy, physically disabled young man whose romantic and sexual relationship with a young woman hired as his caregiver (and quasi-maternal or mentoring figure) leads to his choice to kill himself to avoid living further while disabled, and to bequeath his assets to her. Protested as a "disability snuff film" by leading groups like Not Dead Yet, disabled activists lambasted the film for its glorification of assisted suicide as a brave and heroic choice because of the protagonist's disability – criticizing the writers for sending a very strong message that it is better to be dead than to live as disabled, however that might be defined or understood. U.S. law has often embodied that very same message despite the existence of civil rights protections for people with disabilities, and most particularly and glaringly in its adoption of wrongful birth and wrongful life claims as cognizable in tort. In this paper, I aim to provide brief context on the nature and history of wrongful birth and wrongful life claims, examine the myriad social harms toward disabled people that stem from their assertion, explore non-ableist purposes for which these claims might be brought, and propose potential legal and policy mechanisms as alternative means for achieving their possible legitimate purposes without reliance on them.

scholarly journals Wrongful Birth and Wrongful Life Action: Does Vietnamese Legal System Practice?

2020 ◽  
Vol 4 (3) ◽  
pp. p98
Author(s):  
Nguyen Thi Bao Anh ◽  
Truong Kim Phung
Keyword(s):  
Legal System ◽  
Medical Malpractice ◽  
Tort Law ◽  
Economic Damage ◽  
General Picture ◽  
Complex Issue ◽  
Legal Principles ◽  
Wrongful Life ◽  
Wrongful Birth ◽  
Exclusive Right

Wrongful birth and wrongful life is a complex issue of Tort law the world over. The vast majority of wrongful birth and wrongful life claims for medical malpractice are brought in the tort of negligence. Increasingly, parents have become more knowledgeable about the various reproductive options available, and there has evolved a body of jurisprudence that has defined and defended the exclusive right of individuals to make their own decisions about conception and childbearing. Besides, seeking damages (economic and non-economic damage) are also essential issues. By introducing and comparing the legal principles of some legal systems, the paper clarifies the general picture of wrongful birth and wrongful life action. This work seeks to answer the question, “does the Vietnamese legal system practice wrongful birth and wrongful life action?” To answer the question, the research paper applies the method of analyzing and comparing some tort law systems related to the content.

Compensation of Injuries and Homicide in Ming and Qing Law

2017 ◽  
Vol 35 (4) ◽  
pp. 977-1016
Author(s):  
Frédéric Constant
Keyword(s):  
Tort Law ◽  
Primary Concern ◽  
Legal Systems ◽  
Specific Approach ◽  
Chinese Law ◽  
Judicial Practice ◽  
Points Of View ◽  
Western Law ◽  
Central Purpose

Assessment and awarding of compensation to victims of injury and loss are among the main duties performed by courts in many different legal systems. In Western law, it constitutes a central purpose of tort law, which in itself is one of the fundamental branches of law. Did Chinese law have a specific approach to the question of compensation, which singularizes it from other legal systems? From the points of view both of statute law and judicial practice, my primary concern is to investigate whether compensation was granted to victims of injury or death under the Ming and Qing laws.

Wrongful Birth, Wrongful Life!

1983 ◽  
Vol 74 (4) ◽  
pp. 24-28
Author(s):  
Marc S. Mandell
Keyword(s):  
Wrongful Life ◽  
Wrongful Birth

scholarly journals Wrongful Birth: ¿un daño resarcible en el ordenamiento jurídico colombiano?

2019 ◽  
Vol 14 ◽  
Author(s):  
Martha C. Hunter Hernández ◽  
Zully Vega Cerón
Keyword(s):  
Wrongful Life ◽  
Wrongful Birth

El presente artículo pretende resolver la siguiente pregunta de investigación: ¿en casos de nacimientos con enfermedades congénitas que involucran una discapacidad física o mental, inadvertidas oportunamente debido a un error de diagnóstico prenatal, es posible pregonar que respecto de los padres se configura un daño susceptible de reparación en el ordenamiento jurídico colombiano? Para dar respuesta a la cuestión, se hace una revisión de la acción denominada wrongful birth en el derecho comparado y su autonomía frente a otras wrongful actions relacionadas con el ejercicio de la libertad reproductiva y la paternidad responsable (wrongful life, wrongful conception y wrongful adoption), con base en lo cual se emprende el análisis de cada uno de los elementos de la responsabilidad civil en nuestro país en los supuestos de wrongful birth, para concluir su viabilidad en Colombia y presentar un esquema de cómo podría ser la reparación de perjuicios.

Preimplantation Genetics

2021 ◽  
pp. 98-109
Author(s):  
Valerie Gutmann Koch
Keyword(s):  
Genetic Testing ◽  
Informed Consent ◽  
Genetic Disease ◽  
Chromosomal Abnormalities ◽  
Preimplantation Genetic Testing ◽  
Economic Implications ◽  
Genetic Traits ◽  
Ethical Implications ◽  
Wrongful Life ◽  
Wrongful Birth

This chapter highlights the uses and ethical implications of preimplantation genetic testing and addresses the topic of liability as it applies to use of this technology to screen and select embryos for chromosomal abnormalities and genetic traits prior to implantation. When errors or wrongs occur, there may be significant medical, psychological, and economic implications for those individuals who sought preimplantation testing to avoid a genetic disease or to improve the chance of achieving pregnancy. Informed consent, wrongful birth, and wrongful life claims may be available to those who are harmed due to these errors.

Sign in / Sign up

Export Citation Format

Share Document