Jove
Visualize
Contact Us
JoVE
x logofacebook logolinkedin logoyoutube logo
ABOUT JoVE
OverviewLeadershipBlogJoVE Help Center
AUTHORS
Publishing ProcessEditorial BoardScope & PoliciesPeer ReviewFAQSubmit
LIBRARIANS
TestimonialsSubscriptionsAccessResourcesLibrary Advisory BoardFAQ
RESEARCH
JoVE JournalMethods CollectionsJoVE Encyclopedia of ExperimentsArchive
EDUCATION
JoVE CoreJoVE BusinessJoVE Science EducationJoVE Lab ManualFaculty Resource CenterFaculty Site
Terms & Conditions of Use
Privacy Policy
Policies

Related Experiment Videos

Why wrongful birth actions are right.

Penny Dimopoulos1, Mirko Bagaric

  • 1Department of Business Law and Taxation, Monash University.

Journal of Law and Medicine
|December 6, 2003
PubMed
Summary
This summary is machine-generated.

Related Concept Videos

You might also read

Related Articles

Articles linked to this work by shared authors, journal, and citation graph.

Sort by
Same author

Addressing a Human Rights Crisis: Health Care for Prisoners in Australia.

Journal of law and medicine·2024
Same author

Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2).

Journal of law and medicine·2020
Same author

Assisted suicide through the prism of the right to life.

International journal of law and psychiatry·2013
Same author

Causation in negligence: from anti-jurisprudence to principle--individual responsibility as the cornerstone for the attribution of liability.

Journal of law and medicine·2011
Same author

Moving from voluntary euthanasia to non-voluntary euthanasia: equality and compassion.

Ratio juris·2006
Same author

The moral status of wrongful life claims.

Common law world review·2005
Same journal

Physician-assisted Suicide in Albania: Is It Constitutionally Protected?

Journal of law and medicine·2025
Same journal

Interprofessional Learning with Law and Medicine: "In Reality, No Profession Is an Island".

Journal of law and medicine·2025
Same journal

Nursing Management of Intoxicated Persons under Involuntary Legislation in Emergency Departments in Metropolitan Queensland, Australia; A Focused Ethnography Study.

Journal of law and medicine·2025
Same journal

Calling for Standardised Surrogacy Birth Care Policies: A Brief Report.

Journal of law and medicine·2025
Same journal

Lack of Informed Financial Consent by Health Professionals: Uncertainty & Secrecy.

Journal of law and medicine·2025
Same journal

Detangling AI Transparency in the Medical Regulation Space.

Journal of law and medicine·2025
See all related articles

Wrongful birth actions allow parents to sue doctors for the costs of raising a child born due to medical negligence. This article explores the legal basis for these claims, particularly after a significant Australian court ruling.

Area of Science:

  • Legal Medicine
  • Medical Negligence Law
  • Reproductive Rights

Background:

  • Wrongful birth actions involve claims against medical practitioners for the birth of a child.
  • These claims arise from either failed sterilization procedures or inadequate information regarding fetal abnormalities.
  • The Cattanach v Melchior case in Australia addressed damages for raising a healthy child post-failed sterilization.

Purpose of the Study:

  • To examine the doctrinal basis for recognizing wrongful birth actions.
  • To analyze the implications of the High Court of Australia's decision in Cattanach v Melchior.
  • To discuss the public and legislative responses to wrongful birth claims.

Main Methods:

  • Legal analysis of the Cattanach v Melchior case.

Related Experiment Videos

  • Review of existing legal principles in negligence and tort law.
  • Examination of legislative and judicial trends concerning wrongful birth actions.

    • Main Results:

    • The High Court of Australia allowed damages for the costs of raising a child in a wrongful birth case.
    • This decision has sparked significant public and legislative debate.
    • There are indications that legislative bodies may seek to overturn this judicial precedent.

    Conclusions:

    • The article questions the doctrinal soundness of recognizing wrongful birth actions.
    • It highlights the ongoing controversy surrounding compensation for the costs associated with raising a child in such cases.
    • The potential for legislative intervention underscores the unsettled nature of this area of law.