(Download) "Turpin V. Sortini" by Supreme Court Of California * eBook PDF Kindle ePub Free
eBook details
- Title: Turpin V. Sortini
- Author : Supreme Court Of California
- Release Date : January 03, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This case presents the question of whether a child born with an hereditary affliction may maintain a tort action against a medical care provider who -- before the child's conception -- negligently failed to advise the child's parents of the possibility of the hereditary condition, depriving them of the opportunity to choose not to conceive the child. Although the overwhelming majority of decisions in other jurisdictions recognize the right of the parents to maintain an action under these circumstances, the out-of-state cases have uniformly denied the child's right to bring what has been commonly termed a "wrongful life" action. In Curlender v. Bio-Science Laboratories (1980) 106 Cal. App. 3d 811 [165 Cal. Rptr. 477], however, the Court of Appeal concluded that under California common law tort principles, an afflicted child could maintain such an action and could "recover damages for the pain and suffering to be endured during the limited life span available to such a child and any special pecuniary loss resulting from the impaired condition" (id., at p. 831), including the costs of medical care to the extent such costs were not recovered by the child's parents. In the case at bar, a different panel of the Court of Appeal disagreed with the conclusion in Curlender and affirmed a trial court judgment dismissing the child's cause of action on demurrer. We granted a hearing to resolve the conflict.
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