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Golden Gate University Law Review

Authors

Daniel Linchey

Abstract

Medical advances during the last fifteen years in the fields of genetic testing and prenatal diagnosis of fetal defects have created a new plaintiff. This plaintiff's cause of action, termed "wrongful life," alleges that the defendant's negligence caused her birth and thereby made manifest the pain and suffering of her genetic defects.

After tracing the history of the major wrongful life cases in this country, this Note will assess the conflict between Turpin and Curlender and show why Curlender's unique reasoning conforms to modern tort law and compels recognition of a child's cause of action for wrongful life.

Included in

Civil Law Commons

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