Open AccessTHE BIRTH TORTS: DAMAGES FOR WRONGFUL BIRTH AND WRONGFUL LIFE
Author(s) -
Dean Stretton
Publication year - 2005
Publication title -
deakin law review
Language(s) - English
Resource type - Journals
eISSN - 1835-9264
pISSN - 1321-3660
DOI - 10.21153/dlr2005vol10no1art280
Subject(s) - damages , tort , law , life span , span (engineering) , sociology , political science , medicine , gerontology , engineering , liability , civil engineering
[ This article examines the capacity of parents of children (whether dis- abled or not) born as a result of medical negligence to sue for the costs associated with the birth and raising of the children (‘wrongful birth’), as well as the capacity of disabled children who owe their existence to medi- cal negligence to sue for the costs associated with the disability (‘wrong- ful life’). Many legal systems have allowed the first type of claim, but very few have allowed the second type. The author argues that allowing both types of claim is consistent with ordinary principles of tort law, and that there are no policy reasons that override this conclusion. Consequently, a range of damages ought to be available in relation to both types of claim. ]