Wrongful Birth - Law Dictionary Search Results
Home Dictionary Name: wrongful birthwrongful birth
wrongful birth : a malpractice claim brought by the parents of a child born with a birth defect against a physician or health-care provider whose alleged negligence (as in prenatal testing or diagnosis) effectively deprived the parents of the opportunity to make an informed decision whether to avoid or terminate the pregnancy ;also : the birth or injury at issue in such a claim [recognize a cause of action for wrongful birth] NOTE: Two factors behind the general recognition of the wrongful birth claim are scientific advances in prenatal diagnosis of birth defects and the legalization of abortion. Wrongful birth and wrongful life are distinct from malpractice claims alleging actual physical injury to a fetus caused by a negligently performed procedure. ...
wrongful life
wrongful life : a malpractice claim brought by or on behalf of a child born with a birth defect alleging that he or she would never have been born if not for the negligent advice or treatment provided to the parents by a physician or health-care provider ;also : the life or injury at issue in such a claim [recovery for wrongful life] NOTE: Wrongful life claims have usually been rejected by the courts. The injury is not the birth defect, but the life itself, and courts are reluctant to declare life an injury. A specific calculation of damages for wrongful life would entail affixing a monetary value to the difference between life in an impaired state and nonexistence. There is no legally established right not to be born. ...
Births, Marriages, and Deaths
Births, Marriages, and Deaths. By the (English) Births and Deaths Registration Act, 1836 (6 & 7 Wm. 4, c. 86), amended by the (English) Births and Deaths Registration Act, 1837 (7 Wm. 4 & 1 Vict. c. 22), a General Register Office is provided for keeping a register of births, deaths, and marriages in England. The Births and Deaths Registration Act, 1874 [37 & 38 (English) Vict. c. 88], amends the laws relating to the Registration of Births and Deaths in England in important particulars, and consolidates the law relating to the registration of births and deaths at sea. This Act (s. 1) imposes upon the father and mother of a child, and in their default, upon the occupier of a house in which to his knowledge a child is born, the duty of giving information to the registrar within 42 days. By s. 10 a corresponding obligation to register a death is imposed upon relatives, etc.By s. 203 of the (English) Public Health Act, 1936, births of any child alive or dead after the twenty-eighth week of ...
Birth, Concealing
Birth, Concealing. See Offences against the Person Act, 1861, s. 60, which enacts that every person who shall, by any secret disposition (see R. v. Brown, 1870 LR 1 CCR 244) of the dead body of a child, whether such child died before, at, or after his birth, endeavour to conceal the birth thereof, shall be guilty of a misdeameanour, punishable with imprisonment not exceeding two years. To constitute the offence it must be established that the mother was delivered of a child within the meaning of the statute (see R. v. Colmer, 9 Cox, 506; R. v. Hewitt, 4 F. & F. 1101), that there was a definite act of concealment of the body as distinguished from abandonment, that the child was dead at the time, and that a body has been found and identified with that of the child to whom the charge relates. S. 60 of the Act provides, further, that if any woman tried for the murder of a child is acquitted thereof, she can lawfully be convicted of concealment of birth if there is evidence of that offence....
Notification of births
Notification of births. Notice must be sent by post within 36 hours of the birth to the district medical officer of health by the father or person in attendance on the mother. See (English) Births and Deaths Registration Act, 1926; the (English) Registration (Births, Stillbirths, Deaths and Marriages) Consolidated Regulations, 1927 and 1930; (English) Registration of Births Regulations, 1929; and (English) Public Health Act, 1936; and BIRTHS, MARRIAGES AND DEATHS....
Birth
Birth, means live-birth or still-birth. [Registration of Births and Deaths Act, 1969 (18 of 1969), s. 2(a)]A complete extrusion of a new born baby from the mother's body; Black's Law Dictionary, 7th Edn....
Place of birth, domicile
Place of birth, domicile, the term 'place of birth' occurs in clause (1) of Article 15 but not 'domicile'. If a comparison is made between Article 15(1) and Article 16(2) of the Constitution of India, it would appear that whereas the former refers to 'place of birth' alone, the latter refers to both 'domicile' and 'residence' apart from place of birth, Saurabh Chaudri v. Union of India, (2003) 11 SC 146 (162). [Constitution of India, Art. 15(1)]...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Live-birth
Live-birth, means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life, and each product of such birth is considered live-born. [Registration of Births and Deaths Act, 1969, s. (d)]...
Registrar of birth and deaths
Registrar of birth and deaths, means a Registrar of Births and Deaths appointed under this Act. Births, Death and Marriages (Registration) Act, 1886 (6 of 1896)]...
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