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Wrongful life claim (claim by a child born severely disabled) – first decision by a High Court

Commentary by Prof. Dr iur. Christoph Müller, University of Neuchâtel in the journal: “recht” 2013, issue 1, 46 ff.

Steinegger Rechtsanwälte – representing the case on behalf of the mother and the child – are of the opinion that the court should have awarded the child its own right in accordance with wrongful life. The court should have scrutinized the relevant points in far greater detail. It is conceivable that an opposing ruling would have been achieved.

Wrongful life claim – first decision by a High Court1
» To Prof. Müller's commentary2

See also the article by Dr iur. Iris Herzog-Zwitter “Kind als Schaden”,
in: “Pflegerecht” 3/12, S. 150 ff.
» To article2

  1. Judgement of the 2nd Civil Division of the High Court of the Canton of Bern of 02.05.2011; Judgement ZK 10 569
  2. By courtesy of Stämpfli Verlag AG