Distinguishing wrongful from "rightful" life.

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. ...

Wrongful life, wrongful birth, wrongful death, and the right to refuse treatment: can reasonable jurisdictions recognize all but one?

When life is an injury: an economic approach to wrongful life lawsuits.

Can life be an injury? Jurists, theologians, and philosophers have spilled much ink over this question. Wrongful birth and wrongful life lawsuits are frequently debated in courts and academic circles. In broad overview, wrongful birth lawsuits are prenatal negligence suits brought by the parents of a deformed or retarded child against a doctor who negligently failed to diagnose or inform the pa...

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...

Wrongful life: some of the problems.

The author considers that some of the reasonings used by both the American and English courts against recognising a wrongful life claim are far from persuasive. However, there may indeed be strong public policy reasons against judicial recognition of such a claim. If judicial remedy is not possible for children in wrongful life situations, society ought to assist them in the alleviation of some...