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 ?
See Wilcoxon, supra note 149, at 1026-27 (explaining that the injury in wrongful life claims is that "the child was harmed by being born with birth defects, rather than being aborted").
the plaintiff in a wrongful life claim, the mother is the plaintiff in
One of the latest courts to deny a claim for wrongful life was the South Carolina Supreme Court.
Most wrongful life and wrongful birth suits allege post-pregnancy
This approach arguably eliminates the oddity of wrongful life suits by ignoring the traditional method of assessing damages in negligence.
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.
While there appears to be some confusion over the meaning of wrongful birth, wrongful life, 13 and wrongful pregnancy, an Ontario Court in a recent decision clarified the distinction between the terms and provided the following definitions:
Being beaten or starved is disadvantageous, but it does not necessarily amount to wrongful life.
She rejects the application of tort theories of wrongful life, and the resulting "philosophisms," in favor of our common moral intuitions.
In an analogous situation, a boy who was legitimate at birth was not able to sue his father on a claim of wrongful life (for fraudulently inducing his mother into a relationship by saying he would marry her).
Nonetheless, not long ago, it seemed as though the courts would slowly come to allow wrongful life claims by analogy to related cases.