Preconception Medical Duties: A Co-extensive Duty of Care Framework

• Author / Creator

  Sabzevari, Aminollah

• The question of whether a duty of care can be owed to a born alive child for preconception medical care was examined and answered negatively by the Ontario Court of Appeal in Bovingdon (Litigation Guardian of) v. Hergott (2008) and Paxton v. Ramji (2008). In this thesis, I review the relevant Canadian cases and conduct a thorough Anns test analysis of the proposed duty of care. I disagree with the conclusion in Bovingdon and Paxton and I suggest a framework for co-extensive duties of care that is suitable for both prenatal and preconception medical care.

• Subjects / Keywords

  • Preconception
  • Tort law
  • Duty of care

• Graduation date

  Spring 2013

• Type of Item

  Thesis

• Degree

  Master of Laws

• DOI

  https://doi.org/10.7939/R34J0B31K

• License

  This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.