posted on 2003-01-01, 00:00authored byP Dimopoulos, Mirko Bagaric
A wrongful life action is a claim brought by a disabled child who asserts that but for a physician's negligence he or she would not have been born, thereby being spared the suffering of life. The action is inherently controversial because the alternative to an impaired life is non-existence. Lord Griffiths has described such claims as 'utterly offensive; there should be rejoicing that the hospital's mistake bestowed the gift of life upon the child'.' This paper cuts through the rhetoric that the debate has generated and analyses whether there is a sound doctrinal basis for recognizing wrongful life actions.
History
Journal
Common law world review
Volume
32
Issue
1
Pagination
35 - 64
Publisher
Vathek Publishing
Location
Sark, Channel Islands
ISSN
1473-7795
eISSN
1740-5556
Language
eng
Publication classification
C1 Refereed article in a scholarly journal; C Journal article