DOCTORS’ CIVIL LIABILITIES ARISING FROM NEGLIGENT PRENATAL GENETIC COUNSELING: A RWANDAN PERSPECTIVE

Abstract

Advances in medical technology regarding so-called ‘genetic counseling’ have placed a corresponding responsibility on medical professionals. In this regard, a number of cases have come before the courts over the past years in several countries, involving allegations of medical negligence in respect of genetic counseling which resulted in births of children who were seriously handicapped. These cases gave rise to the development of claims against physicians on account of ‘wrongful birth’ and ‘wrongful life’. This article defines the concepts of wrongful birth and wrongful life, explores the various rationales and arguments that have been put forward against or in favour of these claims and analyses their viability under Rwandan law.