A curious exception: (no) legal remedies for negligent pre-birth genetic testing.
This article analyses the ability of parents and resulting children to claim compensation for negligent pre-birth genetic testing in New Zealand. It looks first at whether the parents and/or the child can claim compensation under New Zealand's statutory compensation scheme. It then assesses whether there are any remedies in tort, namely the torts of wrongful birth or wrongful life, that the parents or the child could use. It concludes that, at present, there is no legal ability for either the parents or the child to obtain compensation for negligent pre-birth genetic testing in New Zealand.
thomas.cleary@hotmail.co.nz
Thomas
T
Cleary
D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D005260:Female; D005820:Genetic Testing; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D009520:New Zealand; D011247:Pregnancy; D011296:Prenatal Diagnosis; D015974:Wrongful Life