Can claims for 'wrongful life' be justified?

Excusing by statute the missing elements of torts of eugenic nondisclosure.

How can there be an opinion at all about nothing? Reflect: when a man has an opinion, has he not an opinion about something? Plato** The precepts of physicians and natural philosophers about generation should also be studied by the parents themselves. GENERAL INTRODUCTION This paper concerns eugenic opportunity lost as a consequence of nondisclosure of eugenic information. The two words which m...

The Dialectics of Wrongful Life and Wrongful Birth Claims in Israel: a Disability Critique

This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful birth claims were still permitted, wrongful life claims were no longer accepted in a court of law. The article examines the conditions that allowed for and supported the expansion of wrongful life/birth claims until 2012. ...

The Health-care Provider’s Civil Liability in Cases of Wrongful Life: An Estonian Perspective

Most parents expect their children to be free from any ailments and, accordingly, seek health-care assistance in order to eliminate risks to the health of their future child, especially where there exists a hereditary illness or the risk of the child being born with a disability.*1 In their choices, the parents are dependent on the information they receive from the health-care provider. However...

Backdoor eugenics: the troubling implications of certain damages awards in wrongful birth and wrongful life claims.

Legal aspects of obstetric sonography.

The combination of rapid innovation and high risk obstetric sonography has resulted in increased potential for litigation: 80% of suits in sonography are obstetric-related. These suits come under the category of tort law, where damages are sought to compensate those whose interests have been harmed. To win a claim the plaintiff must prove that a legal duty has been breached, that damages hav...