Search results for "wrongful birth wrongful life"

Wrongful birth and wrongful life. Floodgate argument and the balancing of conytrasting rights in courts law making

2017

The decision analyzed affects damages forthe born child because of the impossibility for the mother to exercise the right to abortion, as the diagnosis was missing and she was not aware of the hard risk for her physical and psychological health coming from the birth of a child affected by “down syndrome”. The study starts from the distinction between: a)Wrongful birth: the personal damages suffered by pregnant women, who have not had the possibility of self-determining in the prosecution of the pregnancy in case of pathological processes of the fetus; in particular, in those cases when a disease exposes herself and her health to a severe risk (a pre-condition for abortion, according to the …