Subscribe now

Letter: Wrongful lawsuits

Published 23 November 2011

From Jacob Jurmain

The practice of Israeli children with birth defects suing for “wrongful life” is disturbing on two counts (29 October, p 6). First, allowing such lawsuits in a country where euthanasia is unconditionally illegal shows a profound inconsistency. Either a person’s existence is universally beneficial and desirable, as an anti-euthanasia law indicates, or there are circumstances in which it is harmful and undesirable, as the mere use of the phrase “wrongful life” indicates.

Secondly, given that much of this centres on antenatal genetic testing, the notion of holding a doctor responsible for single instances of false negatives violates basic statistical principles. False positives and negatives will inevitably occur with any test.

Therefore, taken individually, they cannot be evidence of negligence. Rather, such evidence would be found in the physician’s overall error rate if it were significantly worse than allowed by reasonable standards of practice.

Hanover, New Hampshire, US

Issue no. 2840 published 26 November 2011

Sign up to our weekly newsletter

Receive a weekly dose of discovery in your inbox. We'll also keep you up to date with New Scientist events and special offers.

Sign up
Piano Exit Overlay Banner Mobile Piano Exit Overlay Banner Desktop