Wrongful life: the problem of causation.
The paper considers the status of the wrongful life action particularly in the light of the recent acceptance of such actions in continental Europe. It is considered that the hurdle of causation is still not adequately overcome in these cases and, in a search for an answer to the difficulty, the author re-examines the Canadian case of Cherry v Borsman. This case was originally thought of as one of wrongful life associated with a negligently performed abortion and the paper attempts to overcome the problems of causation by comparing and contrasting the roles of the genetic counsellor and the abortionist. While the attempt is by no means wholly successful, it also serves to draw attention to some significant differences between wrongful life actions based on physical and mental disability in the neonate.
Mason
J K
JK
Edinburgh School of Law, University of Edinburgh, UK.
D000028:Abortion, Induced / Q000331:legislation & jurisprudence*; D002170:Canada; D000013:Congenital Abnormalities; D005060:Europe; D005817:Genetic Counseling / Q000331:legislation & jurisprudence; D006801:Humans; D015974:Wrongful Life