Wrongful Life: The Recent French Cour de Cassation Decisions

Wrongful Life: The Recent French Cour de Cassation Decisions 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Health Law Brill

Wrongful Life: The Recent French Cour de Cassation Decisions

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Publisher
Martinus Nijhoff
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0929-0273
eISSN
1571-8093
D.O.I.
10.1163/157180902400821075
Publisher site
See Article on Publisher Site

Abstract

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

Journal

European Journal of Health LawBrill

Published: Jan 1, 2002

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