On 'genetic counseling and wrongful life'.

Torts--wrongful birth and wrongful life.

The Limitations of Wrongful Life Claims and Genetic Diagnosis

The California Supreme Court first recognized wrongful life in Turpin v. Sortini, and has since only permitted the child to recover special damages for the extraordinary additional medical care and training occasioned by the genetic defect. The wrongful life jury instruction under CACI requires the following elements to sustain the cause of action: 1) the defendant negligently failed to diagnos...

Wrongful life, wrongful birth, and justice in tort law.

Wrongful Life and Procreative Decisions

This paper defends and refines the claim that procreation can be wrongful. Procreation is wrongful first when the "nonexistence condition" is met: the person's life will be filled with suffering that cannot be ameliorated or empty of all the things that make life worth living. Recognizing that this condition is rarely met, the paper then argues that it is wrong to create a person in less extrem...

Wrongful life and wrongful birth: new concepts for the pediatrician.

Over the past two decades, numerous suits for damages have been brought against physicians for the injury of wrongful life, or wrongful birth. Within the past 5 years, several precedents have been set that broaden the physician's legal obligation to recognize and act upon foreseeable or potentially recurrent genetic, teratogenic, or chromosomal disorders. These precedents may be expected to aff...