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Wrongful life: the problem of causation.

J K Mason1

  • 1Edinburgh School of Law, University of Edinburgh, UK.

Medical Law International
|April 21, 2006
PubMed
Summary
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This paper examines wrongful life actions, particularly in Europe, and the persistent causation challenges. It re-evaluates the Cherry v Borsman case to explore these legal hurdles.

Area of Science:

  • Law
  • Medical Ethics
  • Torts

Background:

  • Wrongful life actions are gaining acceptance in continental Europe.
  • Causation remains a significant legal hurdle in wrongful life litigation.
  • The Canadian case of Cherry v Borsman is a key precedent.

Purpose of the Study:

  • To analyze the current status of wrongful life actions.
  • To explore methods for overcoming causation difficulties in these cases.
  • To differentiate wrongful life claims based on physical versus mental disability.

Main Methods:

  • Review of legal precedents, specifically Cherry v Borsman.
  • Comparative analysis of roles: genetic counsellor vs. abortionist.
  • Examination of legal arguments concerning causation in wrongful life suits.
Keywords:
Genetics and ReproductionLegal ApproachMcKay v. Essex Area Health Authority and Dr. Gower-Davies

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Main Results:

  • The causation hurdle in wrongful life actions is not fully resolved.
  • Comparing genetic counselors and abortionists highlights differences in wrongful life claims.
  • Distinctions emerge between claims for physical and mental neonate disabilities.

Conclusions:

  • Further legal refinement is needed to address causation in wrongful life cases.
  • The distinction between physical and mental disabilities impacts wrongful life litigation.
  • The Cherry v Borsman case offers insights but not complete solutions.