CIVIL LIABILITY AND WRONGFUL BIRTH: a study inspired by reading the book "HANDLE WITH CARE: A NOVEL"

Abstract

This paper addresses the possibility of applying civil liability for wrongful birth. Situation that arises when contraceptive methods used fail and with this an unwanted pregnancy occurs, as well when medical or laboratory errors in the diagnosis of fetal anomalies compromise the woman's right to terminate the pregnancy. “Handle with care: a novel” tells the story of Willow, a child born with osteogenesis imperfecta, a disease that causes extreme fragility in her bones and causes her to suffer hundreds of fractures throughout her life. What if the mother knew in advance of Willow's illness? What if things could have been different? What if Willow had never been born? Thus, the problem of this research: What is the relationship of the book “Handle with care: a novel” with the Wrongful Actions to give rise to civil liability? The general objective of the work was to investigate the relationship of the book "Handle with care: a novel" with the Wrongful Actions in order to give rise to civil liability in case of unwanted birth. As specific objectives: to tell the story "Handle with care: a novel", conceptualize the different species of Wrongful Actions and identify the Wrongful Actions referred in the book. This is a bibliographic research, using a literary narrative for the realization of a case study.