What is the test for "wrongful life" claims?
Ontario, Canada
The following excerpt is from Paxton v. Ramji, 2006 CanLII 9312 (ON SC):
Plaintiff cites in favour of recognizing “wrongful life” claims a smattering of American cases, in the vast minority, and Cherry v. Borsman[35]. There, injury was caused by negligence during an attempted abortion of a conceived child. The fetus injured by the procedural negligence was born alive. The doctor was found liable on the basis of ordinary “neighbour” theory[36] -causation of the injury: medical procedure -what duty was breached: duty not to injure fetus subsequently born alive -when in the child’s genesis: in utero
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