Indemnity for the Cost of Rearing Wanted Children from Unwanted Pregnancies
Tort Law Review, Vol. 6, pp. 120-124, 1998
5 Pages Posted: 17 May 2006
This article examines how the use of the terms "wrongful pregnancy" and "wrongful birth" in unwanted pregnancy litigation obfuscates, rather than clarifies, the true issues raised in such proceedings. "Wrongful pregnancy" is used to describe tortious circumstances where damages are sought for the cost of raising a child who would not have been born but for a health care provider's mistreatment or mistaken advice; whereas, "wrongful birth" characterises an action commenced by the parent of a child born with injuries stemming from a pre-existing condition. Using the English Court of Appeal case, R. v. Croydon Health Authority, the author highlights that it is incumbent upon legal scholars and the judiciary to employ a consistent terminology that is straightforward and useful.
Keywords: wrongful pregnancy, wrongful birth, unwanted pregnancy litigation
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