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Prenatal harm and the duty of care

  • Author(s) / Creator(s)
  • In this article, the author explores the jurisprudence surrounding a contentious area of tort law: wrongful life claims. These claims focus on the situation in which the physician’s negligence lies in the failure to provide the child’s parents with the opportunity to prevent the birth of the child. Historically, courts have been unreceptive to wrongful life claims, and current Canadian jurisprudence on this issue lacks clarity owing to inconsistent treatment of these cases by the courts. The author exposes errors in reasoning in two cases decided by the Ontario Court of Appeal, noting that these cases add to the incoherence of the legal landscape. She concludes with an appeal for Supreme Court authority or legislation to clarify the law.

  • Date created
  • Subjects / Keywords
  • Type of Item
    Article (Published)
  • DOI
  • License
    © 2016 Erin Nelson et al. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
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  • Citation for previous publication
    • Nelson, E. (2016). Prenatal harm and the duty of care. Alberta Law Review, 53(4), 933-952. Retrieved from
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