European Journal of Health Law 9 : 139-163, 2002. © 2002 Kluwer Law International. Printed in the Netherlands. 139 NEWS AND VIEWS Wrongful life: the recent French Cour de Cassation decisions A.M. DUGUET INSERM unité 558 37, Allées Jules Guesde, 31073 Toulouse Cedex, France For the first time, on November 17, 2000, the French ‘Cour de Cassation’ 1 recognized that the handicapped child can claim for damages (wrongful life). According to the court: ‘Since the faults (of the physician and of the laboratory which analysed the blood samples) in the execution of the contract of care with Mrs X, denied her the choice to end pregnancy to avoid the birth of an handicapped child, this child can claim for the damages resulting from the handicap and caused by the qualified faults’ 2 Until then, in such circumstances, only the damages of parents connected with the education of and the care for a handicapped child were indemnified 3 .The indemnification of the parents for wrongful birth is based on the articles 203 and 213 of the Civil Code, which oblige the parents to care for the child and organize his or her becoming. Never before, the Courts have recognized
European Journal of Health Law – Brill
Published: Jan 1, 2002
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera