본문 바로가기
  • Home

Action for Dmages resulting from "Wrongful Life" and the Responsibility of Medical Malpractice- Focusing on Issues around the Crisis of Human Dignity

  • Crisisonomy
  • Abbr : KRCEM
  • 2015, 11(3), pp.309-328
  • Publisher : Crisis and Emergency Management: Theory and Praxis
  • Research Area : Social Science > Public Policy > Public Policy in general

Ryoo, Hwa-shin 1

1충북대학교

Accredited

ABSTRACT

This paper is about ' "Wrongful Life" torts. In a suit for ‘wrongful life’, the plaintiff(usually an infant) brings an action(usually against a physician) claiming that some negligent action has caused the plaintiff's life, say by not informing the parents of the likely prospect that their child would be born with severe defects. The most perplexing feature of this is that the plaintiff is claiming that he would have been better off if he had never been born. A number of arguments have appeared which purport to show that ‘wrongful life’ claims should not be allowed, either because it is senseless to claim that one would be better off if one had not existed or that it is impossible to assess the extent to which someone has been damaged by being brought into existence. This paper investigated various cases in which ‘Unwanted child' can be born, and the origin and definition of lawsuits for ‘wrongful life’, reviewing the issues about the damage and its evaluation in terms of human dignity and values violation.

Citation status

* References for papers published after 2022 are currently being built.