Early life > Abortion

"Wrongful birth" : liability an indemnification

Author / Source : Fernand Keuleneer Published on : Thematic : Early life / Abortion Studies Temps de lecture : 39 min.

"Wrongful birth" : liability an indemnification

1.           Both the Netherlands' Hoge Raad ("HR") and Germany's Bundesverfassungsgericht ("BVerfG") (Erster Senat) rendered in 1997 judgments concerning "wrongful birth" claims. In the Dutch case, a physician, at the occasion of a surgery, had removed a contraceptive implant and, without advising his patient, had not replaced it.  In the first case before the BVerfG, a failed sterilization procedure carried out by a medical doctor who had been family planning counselor to the husband of plai...

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