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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.