Genetic Disability and Legal Action: Wrongful Birth, Wrongful Life

Parents of children born with birth defects can successfully sue health professionals for the tort of wrongful birth if they can claim that the child's birth was due to the negligence of the professional. The tort of wrongful life stems from the same series of events, but is brought by the child rather than the parent.

Keywords: wrongful birth; wrongful life; birth defects; genetic counseling

 References
    Daley S (2002) France bans damages for ‘wrongful births’. New York Times 11 January.
 Further Reading
    Botkin JR and Mehlman MJ (1994) Wrongful birth: medical, legal, and philosophical issues. Journal of Law, Medicine and Ethics 22(1): 21–28.
    Boyle PJ, et al. (1995) Special supplement: public priorities for genetic services. Hastings Center Report 25(3): S1–S23.
    Brock DW (1995) The non-identity problem and genetic harms – the case of genetic handicaps. Bioethics 9: 269–275.
    book Feinberg J (1984) Harm to Others. New York, NY: Oxford University Press.
    Steinbock B (1986) The logical case for wrongful life. Hastings Center Report 16(2): 15–20.
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Davis, Dena S(Jul 2006) Genetic Disability and Legal Action: Wrongful Birth, Wrongful Life. In: eLS. John Wiley & Sons Ltd, Chichester. http://www.els.net [doi: 10.1038/npg.els.0005193]