C.J.H v Kingsbury Foetal Assessment Centre (Pty) Ltd (4872/2013)
C.J.H v Kingsbury Foetal Assessment Centre (Pty) Ltd (4872/2013) [2014] ZAWCHC 61 (24 April 2014)
South African law does not recognise 'wrongful life' claims brought by a child born with disabilities against a medical practitioner for failure to warn the mother of risks during pregnancy. Such claims are contrary to public policy and the convictions of the community, as they require the court to determine that non-existence is preferable to life, which is a question the law should not answer. The authorities of Friedman and Stewart, as confirmed by the Supreme Court of Appeal, remain binding. The defendant did not owe a legal duty to the child as a foetus in utero that could give rise to a…
Source excerpt
- Wrongful Life
- Duty Of Care
- Public Policy
- Medical Negligence
- Wrongful Birth
- Constitutional Rights