Wrongful life claims: dignity, disability and 'a line in the sand'

A recent High Court decision held that children born with disabilities not caused by medical intervention, but not diagnosed antenatally, could not claim general damages for their pain and suffering, nor special damages for the needs created by their disabilities and their loss of earning capacity.

Saved in:
Bibliographic Details
Published in:Medical journal of Australia 2006-11, Vol.185 (10), p.558-560
Main Authors: Neville, Warwick J, Lokuge, Buddhima
Format: Article
Language:English
Subjects:
Australia
Australia: Law and legislation
Biological and medical sciences
Birth defects
Blood tests
Cases (Law)
Cattanach v Melchior
Children & youth
Compensation (Law)
Constitutional law
Court decisions
Disability
Disabled Persons - legislation & jurisprudence
Embryos
Ethics and law
Fetuses
General aspects
Harriton v Stephens
Humans
Liability
Medical practitioners
Medical sciences
Negligence
Pathology
People with disabilities
Rubella
Sperm
Thrombosis
Waller v James/Waller v Hoolahan
Wrongful Life
Citations: Items that this one cites
Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:A recent High Court decision held that children born with disabilities not caused by medical intervention, but not diagnosed antenatally, could not claim general damages for their pain and suffering, nor special damages for the needs created by their disabilities and their loss of earning capacity.
ISSN:0025-729X
1326-5377
DOI:10.5694/j.1326-5377.2006.tb00691.x