Doctors’ Civil Liabilities Arising from Negligent Prenatal Genetic Counseling

12 Pages Posted: 9 Aug 2011 Last revised: 8 Apr 2021

Date Written: August 9, 2011

Abstract

Failure to advise parents of the risks of conceiving or bearing a defective child effectively precludes their exercise of choice in the matter and may render the doctor liable for the injury (prejudice) suffered by the parents and the child itself.

In this regard, a number of cases have come before the courts over the past years in several countries, involving allegations of medical negligence in respect of genetic counseling which resulted in births of children who were seriously handicapped.

These cases gave rise to the development of claims against physicians on account of “wrongful birth” and 'wrongful life'. This article aims at defining the concepts of wrongful birth and wrongful life, exploring the historical development of these cases and analyzing their viability under the Rwandan law.

Keywords: wrongful life, wrongful birth, Evode Kayitana, doctors' civil liability

Suggested Citation

Kayitana, Evode, Doctors’ Civil Liabilities Arising from Negligent Prenatal Genetic Counseling (August 9, 2011). Available at SSRN: https://ssrn.com/abstract=1907110 or http://dx.doi.org/10.2139/ssrn.1907110

Evode Kayitana (Contact Author)

National University of Rwanda ( email )

United States

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