Wrongful Life: An Israeli Case
![handle is hein.journals/mlv9 and id is 109 raw text is:
Med Law (1990) 9:777-781 Medicine
and Law
O ICML 1989
Law
Wrongful Life: An Israeli Case*
Judge Amnon Carmi, PO Box 6451, Haifa 31063, Israel
Abstract. Aspects of the wrongful life dilemna are discussed with reference to
an Israeli case and also to similar cases in the United States and England.
The Zeitzev Case
Mrs Katz, prior to her marriage, asked the defendant, Dr Z, for genetic advice about
whether a certain hereditary disease (Hunter) which existed in her family, was likely
to affect her offspring, in which case she would refrain from bearing (male) children.
Dr Z, owing to negligent examination and wrong conclusion, told her that there was
no possibility of such an event happening. Mrs Katz relied on the doctor's opinion,
became pregnant and gave birth to a boy. The newborn suffered from Hunter disease.
The claim for compensation which had been served to the district court by the minor's
guardians was turned down, but the Court of Appeal overruled that decision. It was
decided that the minor had a valid cause of action against the doctor, and the lower
court was ordered to proceed and decide on the merits of the case.
Who Should Decide
The preliminary question was whether the relevant guidelines should be laid down
by the legislature or by the court. The district judge and the Supreme Court judge
Goldberg, who have a dissenting view, were of the opinion that such a heavy task rests
on Parliament. Courts lack the ability to examine the general implications of the is-
sue. Moreover, the right not to be born is not a legal question and cannot be deciced
according to judicial interpretation. Judge Goldberg cited the following:
'If society wants to impose this general duty on doctors, it should accomplish this
by issuing legislation guidelines for physicians' responsibility in providing prenatal
care. Such guidelines, based upon physicians' responsibility rather than a mis-
guided impulse to compensate some children for unfortunate circumstances of
being borne, would lend consistency and predictability to the law.' [2].
However, the Israeli Supreme Court decided that the judiciary does have the power
to deal with this matter. This classic concept of negligence is applied to new situa-
tions, and the court is expected to extend the bounds of responsibility which
*For a complete translation of the judgment see the Appendix hereto.](ViewImageLocal?handle=hein.journals/mlv9&div=14&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Wrongful Life: An Israeli Case
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most