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Submissions from non-existent claimants: the non-identity problem and the law
1Outer Temple Chambers, London, UK.
Medicine and Law
|May 10, 2006
Summary
Medical interventions can determine a person's identity, leading to legal claims for harm or the circumstances of their birth. English courts must soon address the "non-identity problem" in these unique legal cases.
Area of Science:
- Medical Law
- Legal Philosophy
- Ethics
Background:
- Medical interventions and omissions can influence a person's existence and identity.
- Legal claims can arise from harm caused by medical actions or the resulting circumstances of birth.
Observation:
- A key legal objection to such claims is that the claimant would not have existed without the intervention.
- This forms the basis of the philosophical "non-identity problem".
Findings:
- English courts have not yet fully grasped the implications of the non-identity problem.
- The legal system will soon face significant challenges in adjudicating these cases.
Implications:
- Future legal frameworks must reconcile existing tort law with the complexities of non-identity scenarios.
- This necessitates a deeper understanding of causation and legal personhood in medical law.
- Clarification is needed on how to assess damages when the claimant's existence is contingent on the alleged harm.
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