Park v. Chessin: the continuing judicial development of the theory of "wrongful life".
Park v. Chessin, a recent New York case, marked the first step toward judicial acceptance of the theory of "wrongful life." Wrongful life suits involve a cause of action brought by an infant, against a physician, alleging that the physician's failure to inform the child's parents of the possibility of their bearing a severely defective child was the proximate cause of the infant's birth, and thus resulted in harm to the infant. This Note explores recent legal developments that give precedential support to the development of the theory of wrongful life. Furthermore, it demonstrates that the awarding of monetary damages is an appropriate remedy for the wrongful life plaintiff, and it examines possible methods for measuring those damages. The Note concludes with an analysis of the capability of courts to adjudicate wrongful life suits, and of the possible ramifications of judicial acceptance of the theory of wrongful life.
D035881:Compensation and Redress; D000013:Congenital Abnormalities; D030881:Disclosure; D004467:Economics; D005260:Female; D030342:Genetic Diseases, Inborn; D006801:Humans; D007231:Infant, Newborn; D007603:Jurisprudence; D009518:New York; D007690:Polycystic Kidney Diseases / Q000235:genetics; D018570:Risk Assessment