Wrongful life, wrong birth and wrongful conception. In the given case of Lloyd and Maya the question of whether they seek an action of wrongful life, birth or conception and whether or not they would be likely to succeed. These questions will be answered by first defining and differentiating between the said actions and referral to certain cases in order to analyse the likelihood of success if such an action were to be brought before a court.
The differentiation between wrongful birth, wrongful conception and wrongful life.
An action for 'wrongful conception involves parents of a healthy and normal child bringing up damages as a result of a failed sterilization or abortion performed by a medical doctor . The action is based on parents alleging
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A claim of wrongful life on the other hand is brought by the child or on behalf of the child based on the doctor’s negligence that resulted in the birth of the disabled child and his failure to sufficiently inform the parents of the risk . Wrongful life claims involve the disabled claiming that they have been born into a miserable life that was unwanted and seek financial relief . In both wrongful conception claims and wrongful birth claims it is the parents who bring up the claim against a doctor’s negligence. However, in a wrongful life claim it is the disabled child who brings up the claim. In the given case, it is said that Llyod and Maya “want to bring a delictual action against the physician on Lulu’s behalf”, this means that a wrongful life action would be the action that is the most applicable in this scenario. This action is said to be the most debated due to the philosophical questions and issues such an action brings