Open AccessWrongful conception po raz pierwszy na wokandzie Sądu Najwyższego
Author(s) -
Szymon Bondaruk
Publication year - 2019
Publication title -
studia prawnoustrojowe
Language(s) - English
Resource type - Journals
eISSN - 2720-7056
pISSN - 1644-0412
DOI - 10.31648/sp.5316
Subject(s) - verdict , supreme court , law , compensation (psychology) , doctrine , liability , action (physics) , political science , scope (computer science) , psychology , social psychology , physics , quantum mechanics , computer science , programming language
The article closely analyses the very first wrongful conception action brought before the Polish Supreme Court in 2003. The court recognized the case as a precedent. When justifying its verdict it largely referred to the foreign case law and doctrine. The judgment clearly distinguished between the sheer fact of a baby being born as a generally positive event and the possible liability of a medical professional in wrongful conception cases, which allows for such cases to be heard before Polish courts. The judgment also established the scope of possible compensation as all expenses related to the pregnancy and birth and the loss of income stemming from them. Furthermore, the court established the right to seek moral compensation as a part of wrongful conception action claims. The judgment served as a trailblazer for future wrongful conception and wrongful birth verdicts.