(18) Courts recognize three different types of claims: (1) wrongful pregnancy; (2) wrongful life
; and (3) wrongful birth.
Esta ultima condicion suele ser un criterio relevante para diferenciar los casos de wrongful conception de otros casos de wrongful birth y wrongful life
, con los cuales guarda ciertas semejanzas.
DeGrazia presents the claim that in standard wrongful life
cases, such as completely debilitating disabilities, procreation is wrong.
A growing body of literature addresses the use of a tort law claim for wrongful life
when a doctor or lab's mistake results in the conception of a baby with a genetic disease that could have been prevented absent negligence.
At the heart of this debate lies the question of whether a child could be better off if he or she had never been born, known in legal terms as 'wrongful life
claims, a specific variety of medical malpractice
This case could thus spell the start of new developments in recognising a child's claim in wrongful life
Strictly speaking, tort issues in this case can be divided into two categories: wrongful pregnancy (sometimes confusingly referred to as wrongful birth) alleged by the mother, and wrongful life
by the child.
The Globe story does not investigate this aspect much, but as we have reported on many occasions, parents can and do sue for either "wrongful life
" or "wrongful birth," saying they would have aborted had they know the baby's condition.
(4) South African law does not allow a child to sue for wrongful life
. (5), (6)
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.