@article{Sõritsa_2016, title={Damages Subject to Compensation in Cases of Wrongful Birth: A Solution to Suit Estonia}, volume={24}, url={https://ojs.utlib.ee/index.php/juridica/article/view/JI.2016.24.11}, DOI={10.12697/JI.2016.24.11}, abstractNote={<p>In cases of wrongful birth, parents seek compensation for any damage related to birth of a disabled child. The claim is made against the health-care provider for negligent failure to detect foetal defects, which has as a consequence loss of the opportunity of the parents to decide to terminate the pregnancy in a timely manner.</p> <p>Case law on this topic is absent in Estonia. Accordingly, the article proposes a reasoned solution for Estonian law on the question of recoverable damages in cases of wrongful birth through analysis of Estonian, German, and United States legal literature and case law. </p> <p>The grounds for the health-care provider’s liability under the Estonian Law of Obligations Act are analysed. The main focus is on analysis of compensation for the disabled child’s maintenance costs and non-pecuniary damage. Among other factors, the article examines the ethics dilemma of avoiding the birth of a disabled child, limits to compensation, and the extent of the damages due.</p> }, journal={Juridica International}, author={Sõritsa, Dina}, year={2016}, month={Oct.}, pages={105–115} }