Neteisėtas gimimas ir neteisėtas pastojimas: ar egzistuoja teisė į žalos atlyginimą?
Wrongful Birth and Wrongful Conception: Is there a Right to Compensation?

Summary/Abstract: As the courts face a rising number of wrongful birth and wrongful conception claims brought by the parents, who are seeking for the compensation for a birth of an unwanted child, caused by the health care provider’s wrongful actions, the courts were bound to find a way to be able to arrive at a reasonable decision concerning allowable damages in birth-related cases. The common law jurisdictions experience fewer problems while dealing with these types of claims and throughout the years of case practice the common law courts managed to distinguish the public policy considerations that a child is a blessing, from the point of view that it actually causes financial damages which are triggered by the doctor’s negligent actions. It is commonly agreed that in certain situations there is a breach of health care provider’s duties owed to their patients and that they are liable for the damages occurred, and they are entitled to compensate for the financial losses that their patients had experienced. Although, it must be stressed that the burden of acting as a reasonably prudent person falls not only on the health care provider’s shoulders, but also must be applied to the patients, in this way preventing the possible over-speculation of the wrongful birth and wrongful conception causes of the action. Nevertheless, there are a lot of facts that need to be proved and conditions to be met in order to be able to bring a wrongful birth or wrongful conception lawsuit before the court, but it is clear that the parents have a right to seek for damages for a birth of an unwanted child when the birth was caused by the health care provider’s negligent actions.

• Details
• Contents