August 05, 2020 | International Association of Defense Counsel (IADC) Defense Counsel Journal

What’s Unconstitutional About Wrongful Life Claims? Ask Jane Roe . . .

1 min

Tort law enables an individual to recover compensatory damages caused by another’s wrongful conduct. Compensatory damages, in theory, put the injured party in the same position occupied before the injury occurred. This article proposes that a claim for wrongful life contradicts both the goals of tort law and the holding of Roe v. Wade.