Wrongful Birth and Wrongful Life Cases – Comparative Study
Abstract:
The paper encompasses two types of actions for damages against medical practitioners – wrongful life and wrongful birth claims in comparative analysis. Comparative analyses and overviews jurisprudence of France, Germany, the Netherlands, the UK and the USA on wrongful birth and life cases.
The preconditions for choosing comparable jurisdictions were the following: long and controversial history of dealing with wrongful cases; cases that are landmark and innovative with international importance; the last criterion was that the case had been challenged from early periods, however, now the practice is already established either by the Supreme Courts, or by the Legislative bodies.
The paper invited keen attention to the role of dignity in wrongful cases and highlights the challenges what is in front of the decision-making bodies while adjudicating.
Keywords:
Fetus, Disability, Dignity
