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Ethical Issues of Wrongful Conception

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Student's name Course name and number Name of paper Instructor's name Date submitted Introduction Most of the issues involved with wrongful conception cases have been adjudicated through the state courts from the 1960s to the present. Almost always they have ruled that parents cannot collect damages for the birth of a normal, healthy child, even as the result of medical malpractice through defective sterilization and contraception procedures or failure to carry out correct genetic testing or fully inform parents of the results. Nor have the courts ruled that the birth of a handicapped child is a life unworthy of living, and instead have argued for judicial restraint in making such legal and moral determinations. Even in the case of the severely handicapped, such as children with Down syndrome, American courts have not ruled that nonexistence would be preferable to living a limited life. On the other hand, the U.S. Supreme Court has recognized that parents can collect personal injury damages as the result the birth of an impaired or unplanned child, at least in the recovery of medical costs if not all the expenses of rearing the child to adulthood. State courts also allow the recovery of damages for medical expenses, training and treatment for handicapped children born as the result of failed abortion, contraception or sterilization. Due to the Roe v. Wade case of 1973, parents have the right to determine whether a child will be born or not, although recent efforts in

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