THE BIRTH TORTS: DAMAGES FOR WRONGFUL BIRTH AND WRONGFUL LIFE

Abstract

[This article examines the capacity of parents of children (whether dis- abled or not) born as a result of medical negligence to sue for the costs associated with the birth and raising of the children (‘wrongful birth’), as well as the capacity of disabled children who owe their existence to medi- cal negligence to sue for the costs associated with the disability (‘wrong- ful life’). Many legal systems have allowed the first type of claim, but very few have allowed the second type. The author argues that allowing both types of claim is consistent with ordinary principles of tort law, and that there are no policy reasons that override this conclusion. Consequently, a range of damages ought to be available in relation to both types of claim.]