Damages Subject to Compensation in Cases of Wrongful Birth: A Solution to Suit Estonia

Dina Sõritsa
2016 Juridica International  
In cases of wrongful birth, parents seek compensation for any damage related to birth of a disabled child. The claim is made against the health-care provider for negligent failure to detect foetal defects, which has as a consequence loss of the opportunity of the parents to decide to terminate the pregnancy in a timely manner. Case law on this topic is absent in Estonia. Accordingly, the article proposes a reasoned solution for Estonian law on the question of recoverable damages in cases of
more » ... gful birth through analysis of Estonian, German, and United States legal literature and case law. The grounds for the health-care provider's liability under the Estonian Law of Obligations Act are analysed. The main focus is on analysis of compensation for the disabled child's maintenance costs and non-pecuniary damage. Among other factors, the article examines the ethics dilemma of avoiding the birth of a disabled child, limits to compensation, and the extent of the damages due.
doi:10.12697/ji.2016.24.11 fatcat:tsybmqixzrds7er5drf6qfgia4