LPL4802 Assignment 1 Answers | Due 18 August 2023 | Footnotes and Bibliography included! Answers are detail and well researched with relevant legal sources used and both claims discussed, all the best!
Y, a female minor student at Smarties Junior Academy in Pretoria, was born
with a congenital cardiac failure that imperils other vital organs. The result is
that she does not enjoy the normal amenities of life and is often sickly. She
believes that her mother’s obstetrician, Doctor X, ought to have diagnosed this
prenatal ailment and advised her mother accordingly. Her mother, Mrs B,
confides in you that had she been advised correctly, she would have
terminated the pregnancy. Both these ladies approach you in your capacity as
an attorney and request that you file claims, on their behalf, for damages
against Doctor X.
Discuss the possibilities of them successfully lodging a wrongful life and or a
wrongful birth claim in terms of the South African law of damages. Use
relevant case law and other legal sources to support your argument. Please
note that you are expected to discuss both these claims.
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