What is wrongful life

Oxford Academic. Google Scholar. Barry M. Department of Philosophy, University of South Carolina. Cite Cite Nora K. Select Format Select format. Permissions Icon Permissions. Issue Section:. You do not currently have access to this article. Download all slides. Sign in Don't already have an Oxford Academic account? You could not be signed in. Sign In Forgot password? This is impossible in wrongful life actions because the contention is not that in the absence of negligence by the defendant, the plaintiff would have had a healthy, unimpaired life, but rather that if the defendant had not been negligent, the plaintiff would not have been born.

The computation of damages in a wrongful life action is based on the claim that the value of the life of the disabled child is less than the value of never having been born. The California Supreme Court, in Turpin v. Sortini , 31 Cal. Rochester, N. The cause of action is negligence. The Courts have grappled with difficult questions raised by such claims, including whether a wrongful life action constitutes a valid cause of action; and, if so, what compensation would be payable.

The current law in Australia is that such claims are not recognised, and compensation will not be awarded. Nevertheless, the action in Australia has not succeeded. In both cases children were born following the failure of doctors to warn of the risks of the children being born with disability or disease.