Problematyka roszczeń dotyczących „złego urodzenia” w polskim orzecznictwie
The Issue of Claims for “Wrongful Birth” in the Polish Case Law

Summary/Abstract: It is obvious that the doctor will be responsible for the damage resulting from the baby’s fault. It is to be seen a situation where a doctor’s negligence was the only admission to the birth of the child, and not contribute to the injury to his health. And in this case, there is the emergence of claims for wrongful birth or so-called bad birth. More and more often in courts around the world, including Poland, there are actions for damages for the conception and birth of a child, which “caused the injury.” Initially, the courts denied the possibility of recognizing the child as a loss. However, later in the Constitutional Court considered the admissibility of the claims of parents of unplanned or handicapped child is without prejudice to the Constitution. The claim for compensation in a wrongful birth in the Polish case law is rare. One of the reasons is the reluctance to bring such actions which probably translates into a moral issue.

• Details
• Contents