wrongful life


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Related to wrongful life: Wrongful Birth, wrongful life action

wrongful life

wrongful life

Etymology: OE, wrang, twisted; AS, lif
An event in which legal action may be taken on behalf of a baby suffering from a hereditary or congenital defect, e.g., Down syndrome, or other disease, e.g., rubella, who would not have been born had the parents had the knowledge to opt for an abortion

wrongful

Forensic medicine An adjective with considerable medico-legal currency, used in several contexts. See Negligence.
Wrongful
Wrongful death An event that is usually regarded as negligent. See Negligence.
 Wrongful birth An event resulting from the failure of a contraceptive or sterilization procedure, eg fallopian tube liagation, failure to diagnose pregnancy, or an unsuccessful attempt to abort a conceptus.
Wrongful life An event in which legal action may be taken by–or on behalf of the baby suffering from a hereditary or congenital defect, eg Down syndrome or other disease, eg rubella, who would not have been born had the parents had the knowledge to opt for an abortion; WL represents either the failure to diagnose in utero a condition that would lead to a major life-long handicap or recognize such a condition in a sibling, allowing a 2º, similarly afflicted, child to be born; the child is the defendant named in a lawsuit initiated to defray the incurred and anticipated medical, nursing and related health expenses; in both WB and WL, the defendant may be liable for support and care of the infant from 'cradle to grave'
References in periodicals archive ?
25) It perhaps goes without argument that the government, state or federal, are inappropriate candidates for defendants in a wrongful life suit.
A recent summary by a state supreme court reveals the position of various states on wrongful life actions: 27 states have refused to recognize actions by the child by court ruling or statute, or both, while three states do allow them.
Undoubtedly, it is unsatisfactory that in wrongful conception cases, doctors owe a duty of care to their adult patients with respect to the financial costs of raising a child, but that in wrongful life cases, doctors owe no duty to the disabled child who must spend a life in human misery.
Both courts found that the gamete donor, not the sperm bank or medical facility, had caused the children's disease, and each rejected the children's claims of wrongful life.
QL) in which the Ontario Superior Court of Justice dismissed a motion by the physician for summary dismissal of the plaintiff' s claim for wrongful life for failure to disclose a cause of action.
Wrongful life and wrongful birth are the latest developments in prenatal negligence jurisprudence.
However, plaintiffs who have attempted wrongful life claims have had little success.
Wrongful life - arises in those cases where a child is born with defects but the parents have been denied the opportunity to end the fetus' life due to a doctor's negligence.
A significant amount of scholarship has addressed the growing demand for recognition of wrongful life as a tort.
Wrongful life claims, a specific variety of medical malpractice
This case could thus spell the start of new developments in recognising a child's claim in wrongful life cases.