Torts of wrongful birth and wrongful life: A review
โ Scribed by Pelias, Mary Z. ;Shaw, Margery W.
- Book ID
- 102700644
- Publisher
- John Wiley and Sons
- Year
- 1986
- Tongue
- English
- Weight
- 718 KB
- Volume
- 25
- Category
- Article
- ISSN
- 0148-7299
No coin nor oath required. For personal study only.
โฆ Synopsis
During the past half century reproductive and prenatal technologies have become increasingly sophisticated and accessible to the public. As prospective parents have become more knowledgeable about the various reproductive options available, there has evolved a body of jurisprudence that has defined and defended the exclusive right of individuals to make their own decisions about conceiving and bearing children. This right is now protected under the constitutional umbrella of the right to privacy. If this right is violated through the negligence of one or more health care providers, the allegedly injured parents may sue for the wrongful birth of an unplanned or a defective child. Similarly, a defective child may sue for wrongful life. Both plaintiff parents and plaintiff child seek to recover monetary damages as compensation for their alleged injuries. In wrongful birth cases judicial opinions have moved from an earlier "blessings rationale" through a series of "benefits" cases toward more recent "burdens" decisions. In early suits for wrongful life the courts often held that the child had no valid cause of acticn and could therefore not be heard in court. More recently, however, some courts have recognized the validity of actions for wrongful life and have decided in favor of the defective children. The most recent judicial decisions suggest that courts may be following a trend to decide in favor of plaintiff parents and children at the expense of the defendant health care providers.
๐ SIMILAR VOLUMES
Retail The prize-winning author of Fire Season returns with the heartrending story of his troubled years before finding solace in the wilderness.In his debut Fire Season, Philip Connors recounted with lyricism, wisdom, and grace his decade as a fire lookout high above remote New Mexico. Now he tell
**From award-winning investigative journalist Kyle Swenson,_Good Kids, Bad City_ is the true story of the longest wrongful imprisonment in the United States to end in exoneration, and a critical social and political history of Cleveland, the city that convicted them.** In the early 1970s, three Afr