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What is wrong with 'wrongful life' cases?

N K Bell, B M Loewer

The Journal of Medicine and Philosophy

|May 1, 1985

Summary

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Wrongful life lawsuits, where plaintiffs claim they

Area of Science:

Legal Philosophy and Medical Malpractice
Ethics in Healthcare and Tort Law

Background:

Explores the complex philosophical and legal dimensions of 'wrongful life' torts.
Focuses on cases where plaintiffs, typically infants, allege negligence led to their birth with severe defects.

Purpose of the Study:

To address and rebut common arguments against the validity of wrongful life claims.
To propose a framework for assessing damages in wrongful life litigation.

Main Methods:

Philosophical analysis of arguments concerning the coherence of 'better off not existing' claims.
Development of a procedural approach for quantifying damages in wrongful life cases.

Main Results:

Rebuttal of arguments suggesting wrongful life claims are inherently senseless or unassessable.

Keywords:

Analytical Approach Genetics and Reproduction Legal Approach Philosophical Approach

Related Experiment Videos

Introduction of a novel procedure for determining damages, addressing the unique challenges of these cases.

Conclusions:

Wrongful life claims, despite philosophical objections, are legally and ethically cognizable.
A structured approach to damage assessment can overcome the perceived impossibility of evaluating harm in wrongful life suits.