A 27-year-old disabled man has won a wrongful birth lawsuit against Israel and a health organization after his family claimed doctors were negligent during his mother’s pregnancy.
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According to the New York Post, the lawsuit stated that his mother’s doctors failed to detect congenital birth defects during routine medical examinations. It was filed by his brother and legal guardian who claimed that the man suffers from cerebral palsy, schizophrenia, and intellectual disability. The documents also claimed that the doctors at the Galilee Medical Center failed to offer abortion as an option to his mother and said she also suffered from schizophrenia before her death in 2011.
She had already given birth to five children but two of them passed away during their childhood and her husband passed away in 2017. The trial accused the physicians of not carrying out genetic tests and of frequently monitoring the fetus.
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The Post further added that the Israeli Supreme Court started to distinguish “wrongful birth” and “wrongful life” lawsuits. The man’s wrongful life lawsuit was accepted despite his parents were no longer alive although the law claims parents can only sue authorities under wrongful birth lawsuits.