The Limitations of Wrongful Life Claims and Genetic Diagnosis
نویسنده
چکیده
The California Supreme Court first recognized wrongful life in Turpin v. Sortini, and has since only permitted the child to recover special damages for the extraordinary additional medical care and training occasioned by the genetic defect. The wrongful life jury instruction under CACI requires the following elements to sustain the cause of action: 1) the defendant negligently failed to diagnose and warn the parents that genetic testing and counseling that the child had a genetic defect, she would have terminated the pregnancy. In that case, the genetic test (an alpha fetoprotein test) that had not been performed had only a 20 percent chance of detecting Down syndrome. The court affirmed the trial court’s order granting the defendant’s motion for summary judgment. The trial court found that the 20 percent chance of detecting Down syndrome, if the alpha fetoprotein test had been performed, did not establish the causal connection between the physician’s failure to offer the test and the mother’s failure to terminate the pregnancy.
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تاریخ انتشار 2007