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Wrongful birth claim in Japan.

Mitsuo Sakaihara1

  • 1Department of Forensic Medicine, Hokkaido University Graduate School of Medicine, Kita-ku N15W7, Sapporo, 060-8638, Japan. m-saka@med.hokudai.ac.jp

Medicine, Science, and the Law
|August 31, 2002
PubMed
Summary

Wrongful birth claims arise when parents sue doctors for negligence during pregnancy, leading to a child

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Area of Science:

  • Medical Law
  • Reproductive Rights
  • Medical Ethics

Background:

  • Wrongful birth claims involve parents suing physicians for negligence during pregnancy, resulting in the birth of a child with a disability.
  • Japan has seen cases concerning congenital rubella syndrome and Down's syndrome, where claims centered on the assertion that negligent medical care led to the child's condition.
  • Unlike jurisdictions with fetal indication for abortion, Japanese wrongful birth claims are based on a breach of the doctor's duty to advise on the probability of fetal abnormalities.

Purpose of the Study:

  • To analyze the legal framework of wrongful birth claims in Japan.
  • To compare the legal status and handling of wrongful birth claims in Japan with those in the United States and the United Kingdom.

Main Methods:

  • Comparative legal analysis of wrongful birth claim precedents.
  • Review of relevant medical and legal literature from Japan, the US, and the UK.

Main Results:

  • Japanese wrongful birth claims are primarily founded on a physician's failure to properly advise regarding the likelihood of a disabled child.
  • The legal basis and procedural handling of these claims differ significantly between Japan and common law jurisdictions like the US and UK.
  • The absence of fetal indication for abortion in Japan shapes the specific legal arguments in wrongful birth cases.

Conclusions:

  • The legal landscape for wrongful birth claims in Japan presents unique challenges and considerations compared to the US and UK.
  • Understanding these differences is crucial for legal practitioners and healthcare providers involved in cases of pregnancy with potential fetal abnormalities.
  • Further legal and ethical discourse is warranted to address the complexities of wrongful birth claims in diverse legal systems.

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