As the complementary fields of genetic diagnosis, pre-natal monitoring and reproductive medicine develop more techniques for identifying and diagnosing diseases or the potential development of diseases, we can safely predict an increased incidence of wrongful birth and wrongful life litigation. In the legal, medical and social sciences literature, debate continues on the relative efficiency, reliability and consequences of techniques that enable disease or disability diagnosis at ever increasingly earlier stages of human life.
Interestingly debate also rages in the legal, medical and social sciences literature regarding the consequences of a growing number of lawsuits against the medical profession, alleging negligence that resulted in the birth of a child that the parents claim would have been better off not being born. In order to discover the current status of issues in wrongful birth and wrongful life claims, perspectives from multidisciplinary research teams will be discussed. The definitions of wrongful birth and wrongful life claims will be given.
From the legal perspective it is very important to dissect out what is being seen as the claiming party’s injury or loss and therefore an important starting point for this paper is the legal definition of wrongful birth and wrongful life. Examples of claims that have been placed before the courts will be discussed. By comparing and contrasting successful and non-successful lawsuits claiming wrongful birth or wrongful life, we can identify how particular features of these cases are being viewed by the courts.
An introduction to a discussion of the relevant medical procedures is included in this paper. Highlighting the aims of both the medical practitioners and the patients as they undertake procedures that have increased risks of leading to wrongful birth or wrongful life claims aids in the understanding of this issue. The bioethical complications and consequences of wrongful birth and wrongful life claims will also be discussed. It is perhaps the bioethical ramifications of such lawsuits where the most important effects may be seen by society.
Finally the affect that wrongful birth ad wrongful life claims have on the development of health policies is discussed. This paper will introduce evidence to argue against the relative desirability of legal action whether real or only the threat of, influencing the development of medical and health policies. Definition of wrongful birth and wrongful life In general, theories of wrongful birth, wrongful life and to a less common extent wrongful conception, have been applied to cases involving children whose births or conditions diagnosed at birth are unexpected and or unwanted (1).
Wrongful birth claims are brought by the parents against one or more medical professionals, whose alleged action or inaction led to the birth of a child that would otherwise not have occurred (1). For example, if the parents had been provided with the result of a key genetic test, they would never have conceived or would have aborted the fetus but failure of their physician to provide such a result deprived the parents of this choice. Wrongful conception for the purpose of this paper can be defined as a sub group of wrongful birth claims.
These claims are less common than wrongful birth or wrongful life claims, however with the recent advances in the use of pre-implantation genetic diagnosis (PGD) with reproductive medicine such claims may become more common (3). Traditionally wrongful conception claims were brought by the parents against one or more medical professionals, whose alleged negligence led to the conception or pregnancy (1). Examples of the etiology of such a claim may include failed abortion or contraception, failed sterilization or inaccurate pregnancy diagnosis (1).
Wrongful life claims are brought by the parents on behalf of the child. Such claims propose that due to the action or inaction of one or more medical professionals, the child would not be born (1). It is not difficult to imagine the dilemma facing courts who have to fundamentally decide on what damages can be attributed to the ‘injury’ of having life. Many states in the United States (U. S. ) do not recognize wrongful life claims, holding to the belief that any life is better than none (2).