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- Title
What's Unconstitutional About Wrongful Life Claims? Ask Jane Roe. . .
- Authors
Parker, Bruce R.; Armstrong, Scott C.; Poirot, Thomasina E.
- Abstract
The article explores the constitutionality of wrongful life claims, its incompatibility with the rationale of the U.S. Supreme Court decision in the abortion case Roe v. Wade and distinction from wrongful birth claims. Topics discussed are wrongful life claims as negligence-based tort action, state law in California, Washington and New Jersey limiting child damages to the cost of extraordinary care caused by birth defects, and ruling in Roe v. Wade that a non-viable fetus is not a legal person.
- Subjects
UNITED States; WRONGFUL life; TORTS; NEGLIGENCE; DAMAGES (Law); JURISTIC persons; ROE v. Wade; ABORTION lawsuits; UNITED States. Supreme Court
- Publication
Defense Counsel Journal, 2020, Vol 87, Issue 3, p1
- ISSN
0895-0016
- Publication type
Article