<abstract xmlns="http://www.w3.org/1999/xhtml">
<p>The prevailing view in international jurisprudence is that no one can claim compensation for the fact of being alive. This view was developed based on so-called ‘wrongful life’ cases, in which, due to medical malpractice, parents were deprived of the opportunity to perform a legally permitted abortion, resulting in the birth of a disabled or unwanted child. A new chapter in this category of claims was opened by the case under review. The German Supreme Court took up what, in view of the ageing of Western societies, is a very topical and socially difficult issue of a son’s claim for damages for keeping his father alive. The ruling concerns a special category of civil claims so far not commented on in Polish literature or jurisprudence – ‘wrongful survival’. The German Supreme Court rejected the possibility of claiming compensation under German law for prolonging human existence, even if it involved suffering. Much of the reasoning of the Court is also applicable under Polish law. However, depending on the interpretation of the norms concerning the patient’s right to self-determination, the possibility of partial compensation for the costs of unlawfully keeping someone alive also seems to be acceptable under Polish law.</p>
</abstract>

The prevailing view in international jurisprudence is that no one can claim compensation for the fact of being alive. This view was developed based on so-called ‘wrongful life’ cases, in which, due to medical malpractice, parents were deprived of the opportunity to perform a legally permitted abortion, resulting in the birth of a disabled or unwanted child. A new chapter in this category of claims was opened by the case under review. The German Supreme Court took up what, in view of the ageing of Western societies, is a very topical and socially difficult issue of a son’s claim for damages for keeping his father alive. The ruling concerns a special category of civil claims so far not commented on in Polish literature or jurisprudence – ‘wrongful survival’. The German Supreme Court rejected the possibility of claiming compensation under German law for prolonging human existence, even if it involved suffering. Much of the reasoning of the Court is also applicable under Polish law. However, depending on the interpretation of the norms concerning the patient’s right to self-determination, the possibility of partial compensation for the costs of unlawfully keeping someone alive also seems to be acceptable under Polish law.

‘Wrongful Life’: New Highlights in the Jurisprudence of the German Supreme Court

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The prevailing view in international jurisprudence is that no one can claim compensation for the fact of being alive. This view was developed based on...

‘Wrongful Life’: New Highlights in the Jurisprudence of the German Supreme Court

Published Online: Sep 28, 2023

Page range: 197 - 213

Received: Oct 17, 2022

Accepted: Jun 12, 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.09

Keywords
material damage, medical malpractice, non-material damage, right to self-determination, wrongful life, wrongful survival

© 2023 Leszek Bosek, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

‘Wrongful Life’: New Highlights in the Jurisprudence of the German Supreme Court

Published Online: Sep 28, 2023

Page range: 197 - 213

Received: Oct 17, 2022

Accepted: Jun 12, 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.09

Keywordsmaterial damage, medical malpractice, non-material damage, right to self-determination, wrongful life, wrongful survival

© 2023 Leszek Bosek, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
material damage, medical malpractice, non-material damage, right to self-determination, wrongful life, wrongful survival