Topic
Wrongful Life
17 published works
Health Law Prof Blog
When a Wrong Creates a Life: Tort Responses to Children Born From Institutional Sexual Violence
Karen Tani (University of Pennsylvania), When a Wrong Creates a Life: Tort Responses to Children Born From Institutional Sexual Violence, 73 DePaul L. Rev. (2024):Today, the paradigm case of “wrongful…
A Lawyer's Blog
WRONGFUL LIFE CLAIM OR DAMAGES DUE TO MALPRACTICE
Greenberg v. MONTEFIORE NEW ROCHELLE HOSPITAL, 2022 NY Slip Op 2194 - NY: Appellate Div., 1st Dept. 2022:"On a motion to dismiss for failure to state a cause of action…
Bill Madden's Blog
Medical: Wrongful life, sterilisation & loss of earnings.
By Bill Madden
With thanks to Tim Cummings for drawing my attention to today’s decision of the NSW Court of Appeal in Dhupar v Lee [2022] NSWCA 15 (on Caselaw). Background On 26…
The New York Trusts & Estates Blog
Wrongful Conception
Several months ago, I wrote a Blog entry, “Wrongful Life?”, where I discussed whether, in New York, there is a legal remedy for "wrongful life" when a hospital or a…
Bill Madden's Blog
Medical: UK Wrongful life issues revisited.
By Bill Madden
With thanks to Victoria Lyon for drawing my attention to this issue which has again come before the Courts. Readers of this blog will remember the interlocutory decision Toombes v…
The New York Trusts & Estates Blog
Wrongful Life?
In New York, is there a legal remedy for "wrongful life" when a hospital or a doctor refuses to follow the terms of a patient's living will and his or…
A Lawyer's Blog
WRONGFUL PROLONGATION OF LIFE?
Wrongful death is recognized as a cause of action in New York. But what if a decedent's wishes as to cessation of health care is not followed. Lanzetta v. Montefiore Med.…
Elder Law Prof Blog
Wrongful Life Litigation
By rmorgan
A couple of weeks ago the New York Times ran this article, Filing Suit for ‘Wrongful Life’, which asks this question: "More Americans are writing end-of-life instructions as the pandemic renders such…
UK Human Rights Blog
“Wrongful Life” Revisited
In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim…
Bill Madden's Blog
UK: Wrongful life cause of action or not?
By Bill Madden
Toombes v Mitchell [2020] EWHC 3506 (QB) (21 December 2020) (available on BAILII) raises some bried but legally complex issues. This brief note is not sufficient to cover all the…