Wrongful Birth/Wrongful Life

The current status of issues in wrongful birth / wrongful life claims

Student Name

al Issues in Health Law / Medicine and the Law

Professor Name

Date

Introduction

As the complementary fields of genetic diagnosis , pre-natal monitoring and reproductive medicine develop more techniques for identifying and diagnosing diseases or the potential development of diseases , we can safely predict an increased incidence of wrongful birth and wrongful life litigation . In the legal , medical and social sciences literature debate continues on the relative efficiency , reliability and consequences of techniques that enable disease

or disability diagnosis at ever increasingly earlier stages of human life . Interestingly debate also rages in the legal , medical and social sciences literature regarding the consequences of a growing number of lawsuits against the medical profession , alleging negligence that resulted in the birth of a child that the parents claim would have been better off not being born .In to discover the current status of issues in wrongful birth and wrongful life claims , perspectives from multidisciplinary research teams will be discussed . The definitions of wrongful birth and wrongful life claims will be given . From the legal perspective it is very important to dissect out what is being seen as the claiming party 's injury or loss and therefore an important starting point for this is the legal definition of wrongful birth and wrongful life . Examples of claims that have been placed before the courts will be discussed . By comparing and contrasting successful and non-successful lawsuits claiming wrongful birth or wrongful life , we can identify how particular features of these cases are being viewed by the courts . An introduction to a discussion of the relevant medical procedures is included in this . Highlighting the aims of both the medical practitioners and the patients as they undertake procedures that have increased risks of leading to wrongful birth or wrongful life claims aids in the understanding of this issue

The bioethical complications and consequences of wrongful birth and wrongful life claims will also be discussed . It is perhaps the bioethical ramifications of such lawsuits where the most important effects may be seen by society . Finally the affect that wrongful birth ad wrongful life claims have on the development of health policies is discussed . This will introduce evidence to argue against the relative desirability of legal action whether real or only the threat of , influencing the development of medical and health policies

Definition of wrongful birth and wrongful life

In general , theories of wrongful birth , wrongful life and to a less common extent wrongful conception , have been applied to cases involving children whose births or conditions diagnosed at birth are unexpected and or unwanted (1 . Wrongful birth claims are brought by the parents against one or more medical professionals , whose alleged action or inaction led to the birth of a child that would otherwise not have occurred (1 . For example , if the parents had been provided with the result of a key genetic test , they would never have conceived or would have aborted...