LPL4802 Assignment 1 (ANSWERS) Semester 2 2023 () - DISTINCTION GUARANTEED Answers, guidelines, workings and references.......................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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