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Types of compensation claims in relation to pre-natal diagnosis negligence in the UK legal system


Mahmoud Abbasi, Elaheh Parsa

Abstract

Counselors and experts of genetic science, along with the advancement of genetic science, are required to provide new information about diseases to the visitors. When couples decide to have a pregnancy and do not have a good position, they will refer to a genetic counselor. A physician, genetic counselor, pharmacist, or any other person involved in this relationship should observe standards and Principles. Therefore, according to the standards and principles, genetic counselors must be responsible in the event of an negligence. The Wrongful Birth and Wrongful life claims caused by negligence included a new tort in the UK's legal system. The Wrongful Birth is claimed by the parents of the disabled child and the life caused by error is claimed by the disabled child against the physician, with the explanation that, if there wasn’t a doctor's mistake, the parents never satisfied the birth of the disabled child. The appearance of these claims was initially opposed by some experts. Opponents of these types of lawsuits put forward the moral, economic, and legal reasons. Despite these differences, the reasons for the wrongful birth caused by negligence were not legally acceptable, and the case was not accepted by the courts. But in relation to the Wrongful life claims, although there are more differences, the legal system seems to accept that the child can sue the physician, at least in severe disabilities.




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