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‘I Didn't Ask to be Born’: Wrongful Life from a Comparative Perspective
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Albert Ruda
Published/Copyright:
August 3, 2010
Abstract
Wrongful life claims are filed by a child on the basis that he or she was born handicapped as a result of the negligent behaviour of a physician, who prevented the parents from having the option of having an abortion for eugenic reasons. The term commonly used to refer to these claims suggests that there is something not right about the life of the claimant. Since the implication is that the claimant is challenging life itself, the courts and even legislatures are reluctant to allow such claims. However, some jurisdictions are ready to award compensation to the child if sufficient justification is provided by the court.
Published Online: 2010-08-03
Published in Print: 2010-August
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