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cause of action for wrongful birth, which goes beyond the scope of this
Alternately, in the case of a successful claim of wrongful birth, courts attempt to compensate plaintiffs with damages either for the exceedingly high costs of raising a disabled child or for the mental or emotional harm that parents suffer from having to raise a disabled child.
both performance-based and reliance-based wrongful birth claims.
refused to recognize wrongful birth as an available cause of action.
JP: I read an article in the New York Times about wrongful birth suits, and it got me wondering.
Section 2 introduces the paradigmatic wrongful birth suit, while Section 3 discusses the general structure of a wrongful life suit.
It is difficult to argue that Kirby J's decisions in favour of liability in both wrongful birth and wrongful life cases undermine the two policy objectives found important in the birth cases.
Courts respond to wrongful birth claims in a wide variety of ways, largely because these cases require judges to evaluate not just the law, but also questions of morality, medicine, and society.
The Halls brought a wrongful birth suit against the hospital.
This has resulted in wrongful birth and wrongful life lawsuits, which fall under claims of medical malpractice, a subset of negligence law.
an informed consent case and those of one predicated on wrongful birth,
courts to favor parents in wrongful birth cases, not those who bring wrongful life claims.