wrongful life


Also found in: Dictionary, Thesaurus, Legal, Wikipedia.
Related to wrongful life: Wrongful Birth, wrongful life action

wrongful life

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 ?
The controversy surrounding wrongful birth and wrongful life litigation has existed for many years, which has resulted in courts simultaneously rejecting wrongful life actions and approving wrongful birth actions.
Panorama de la responsabilidad civil de los profesionales sanitarios por wrongful birth y wrongful life. Revista Chilena de Derecho Privado 2009; 12: 4.
(100) Wrongful life actions on the child's behalf allege that the negligence "enabled the child to come into being, the operable injury is the child's life itself, with non-existence identified as the preferred alternative." (101) Generally, courts have favored wrongful birth claims but not wrongful life claims, while scholars have typically defended both actions.
time whether to recognize wrongful life as a cause of action.
Overall, the law of wrongful life appears to be increasingly willing to award damages to the mother for the physical, emotional, and financial costs of pregnancy and delivery, but not the cost associated with the normal rearing of a healthy child.
(153.) 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").
A wrongful life action is similar to a wrongful birth action, with
Unlike a wrongful life claim, discussed in Part II.C.3 infra, a
He cautioned against the use of the 'emotive slogan' of 'wrongful life' and, as he sees it, the importation of 'contestable religious or moral postulates.' The reality of the 'wrongful life' concept is such that a plaintiff both exists and suffers, due to the negligence of others.
is the right not to be born handicapped" (deriving from controversial case law on wrongful life) (pp.
(2) However, perhaps nowhere have tort actions for negligence raised more legal and logical problems than in the area of wrongful birth and wrongful life suits.
* the action initiated by the plaintiff and her attorneys, which may involve "wrongful birth," "wrongful life," or other allegation