LPL4802 ASSIGNMENT ONE STUDENT NUMBER: UNIQUE NUMBER: 758498

LPL4802 ASSIGNMENT ONE STUDENT NUMBER: UNIQUE NUMBER: This study source was downloaded by from CourseH on :58:33 GMT -05:00 ACADEMIC DECLARATION OF HONESTY Declaration: ……………………… 1. I understand what academic dishonesty entails and am aware of UNISA’s policies in this regard. 2. I declare that this assignment is my own, original work. Where I have used someone else’s work I have indicated this by using the prescribed style of referencing. Every contribution to, and quotation in this assignment from the work or works of other people has been referenced according to this style. 3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it off as his or her own work. 4. I did not make use of another student’s work and submitted it as my own. NAME: KIMBERLY NAIDOO STUDENT NUMBER: MODULE CODE: LPL4802 SIGNATURE: DATE: 23/05/2021 This study source was downloaded by from CourseH on :58:33 GMT -05:00 The facts of the case are Lebo, female who was born with a deformity which prevents the free use of her legs. Lebo believes that her mother’s doctor should have advised her mother of the prenatal ailment. Lebo’s mother advised that if she were advised about the ailment, she would have terminated the pregnancy. The issue is whether Lebo and her mother will be successful in lodging a claim of wrongful life and or a wrongful birth claim. A wrongful life claim is a claim in which the parents of a disabled child sues the medical practitioner for damages as a result of the disabled child’s birth. The child argues that if it had not been for the medical practitioner mot providing sufficient advice, the child would not have suffered the pain of their disability because their mother would have terminated the pregnancy. 1 A wrongful birth claim is a claim in which the parents of a disabled child sue the medical practitioner on their own behalf for the damages incurred as a result of the practitioner failing to advise the parents of the potential birth defects of the child which resulted in the birth of a disabled or unwanted child. The parents claim that if they were informed of the birth defects, they would have terminated the pregnancy. 2 In Friedman v Glicksman, Glicksman was a gynaecologist that was consulted by Mrs Friedman to determine whether her child would have any birth defects. Mrs Friedman gave birth to a severely disabled child even though Dr Friedman had advised her that there were no risks other than the usual risks involved in pregnancy. Mrs Friedman sued the doctor on her own behalf for the costs of maintain the child and for future medical expenses and claimed that if she had been informed of the possible disabilities, she would have terminated the pregnancy, this is known as a wrongful birth claim. Mrs Friedman on behalf of a child sued the doctor for the future losses and pain experienced by the child, which is known as a wrongful life claim. Mrs Friedman