Informations and abstract
Keywords: Undesired Birth; Omitted or Wrong Information on the State of Health of the Fetus; Maternity and Interruption of the Pregnancy; Medical Responsibility.
The Supreme Court of Cassation, with the decision of the 22.12.2015, n. 25767, takes care of the thematic important of the undesired birth and the responsibility of the doctor for wrong prenatal diagnosis. The point of departure of surveying is represented from the non-fulfilment of the doctor whom prevents to the expectant mother the exercise of the eventual one chosen to interrupt the pregnancy, as is to an agreement from the law in presence of it determines to you presupposed (art. 6 l. n. 194/1978). The sentence under investigation, in remembering that the ordering does not recognize the right to the «not life», asserts that it is not possible to recognize a «right not to be born» and, therefore, than the right it cannot invade in the delicate field of the feelings.