A new cause of action?

Belgium is certainly on the cutting edge of things!  Not only are their doctors boldly euthanizing patients sans request, their lawyers have come up with a new basis upon which to sue: wrongful life.

Similar to the already widely-accepted cause of action “wrongful death”, this new twist allows parents to sue a doctor on behalf of their child who, they believe, should have been aborted.  But they’re couching it as a benefit that the child was denied: “The legislator must have intended to allow women to avoid giving birth to children with serious abnormalities, having regard not only to the interests of the mother but also to those of the unborn child itself.”

Read about it here.

I remember covering this concept in law school a few years ago.  A similar suit was attempted here in the United States, but if memory serves, it was rejected for failure to state a cognizable cause of action.



Jason is a practicing attorney and the Assistant Director for the International Task Force on Euthanasia & Assisted Suicide. Epitomizing the maxim