wrongful life


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Related to wrongful life: Wrongful Birth, wrongful life action

wrongful life

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Birth-related torts--which include the torts of wrongful birth, wrongful life, wrongful pregnancy, and wrongful conception--capture a wide variety of negligent behavior by doctors that results, in one way or another, in the birth of a child.
II THE CONTRAST BETWEEN WRONGFUL PREGNANCY, WRONGFUL LIFE,
Parents also can bring a wrongful life lawsuit on behalf of their child.
Child, even if perfectly healthy, can sue for wrongful life.
Unlike a wrongful life claim, discussed in Part II.
Actions for wrongful life, as they have come unfortunately to be styled encompass various types of claim.
Although a child may not maintain a wrongful life cause of action, a parent may, under some circumstances, maintain a cause of action, on his or her own behalf, for the extraordinary costs incurred in raising a child with a disability.
The court held, inter alia, that "a cause of action may not be maintained on behalf of an infant plaintiff based on a claim of wrongful life or the assertion that but for the negligence of the healthcare provider, the parent would have aborted the fetus rather than giving birth to a child with abnormalities.
The concept of wrongful life has actually been litigated in the court of human behavior, with mixed results.
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.
This has resulted in wrongful birth and wrongful life lawsuits, which fall under claims of medical malpractice, a subset of negligence law.