Abstract
Wrongful birth and wrongful life is a complex issue of Tort law the world over. The vast majority of wrongful birth and wrongful life claims for medical malpractice are brought in the tort of negligence. Increasingly, parents have become more knowledgeable about the various reproductive options available, and there has evolved a body of jurisprudence that has defined and defended the exclusive right of individuals to make their own decisions about conception and childbearing. Besides, seeking damages (economic and non-economic damage) are also essential issues. By introducing and comparing the legal principles of some legal systems, the paper clarifies the general picture of wrongful birth and wrongful life action. This work seeks to answer the question, “does the Vietnamese legal system practice wrongful birth and wrongful life action?” To answer the question, the research paper applies the method of analyzing and comparing some tort law systems related to the content.
Highlights
From the United States to Europe, wrongful birth and wrongful life claims have been presented in law courts for centuries around the world
Wrongful birth and wrongful life are caused by medical malpractice, which is a form of the tort of negligence
Wrongful birth and wrongful life action are not recognized as other legal systems in Vietnam, but by it follows its way
Summary
From the United States to Europe, wrongful birth and wrongful life claims have been presented in law courts for centuries around the world. 2. Wrongful Birth and Wrongful Life Action 2.1 Medical Malpractice In legal practice today, the majority of tort claims are for negligence (Note 2).
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