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Children's suits for suffering life.

C Perry1

  • 1Department of Philosophy, Auburn University, Ala.

Pediatrician
|January 1, 1990
PubMed
Summary
This summary is machine-generated.

Wrongful life lawsuits allow compensation for children born with defects due to medical negligence. This essay argues that comparing the harm of existence with nonexistence is possible, refuting claims that these suits are untenable.

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Area of Science:

  • Medical Law
  • Bioethics
  • Torts

Background:

  • Recent legal cases involve parents suing medical professionals for negligence leading to birth defects.
  • These lawsuits, termed 'wrongful life suits,' seek compensation for children born with disabilities.

Purpose of the Study:

  • To analyze the legal and ethical basis of wrongful life suits.
  • To address the argument that comparing existence with nonexistence makes these suits untenable.

Main Methods:

  • Legal analysis of existing case law.
  • Philosophical examination of the concept of harm and nonexistence.

Main Results:

  • The essay posits that comparing the harm of a defective existence to nonexistence is feasible.

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  • It challenges the notion that wrongful life suits are inherently impossible to adjudicate.
  • Conclusions:

    • Wrongful life suits are not as legally or ethically untenable as commonly argued.
    • The legal system should reconsider the dismissal of claims based on the 'impossibility' of comparing harms.