180 JURIDICA INTERNATIONAL 27/2018
André Dias Pereira
Centre for Biomedical Law
Faculty of Law, University of Coimbra
Arguments and Comments
Presented during the Discussion
of Dina Sõritsa’s Doctoral Thesis
The Health-Care Provider’s
Civil Liability in Cases
of Prenatal Damages
The dissertation of Dina Sõritsa*1 was accepted for conferring of the degree Doctor of Philosophy in the ﬁ eld
of law on 13 March 2017 by the Council of the University of Tartu School of Law, with the defence, hosted
by said faculty, having taken place on 21 June 2017. The following contribution is based on the opinions I
presented in my role as designated opponent for the dissertation.
The dissertation consists of four works published earlier by the candidate and a framing discussion
written in the English language. Of the four publications, two were written with Sõritsa as the sole author*2
and two in collaboration with Janno Lahe*3.
The author deﬁ nes the main legal research question addressed by the dissertation as the following:
The objective of this dissertation is to ascertain whether and to what extent the health-care provider
should be liable for damages under Estonian civil law in cases of wrongful conception, wrongful
birth and wrongful life, considering an outcome that seeks to balance the interests of the child, his
or her parents and the health-care provider.
Available at https://dspace.ut.ee/bitstream/handle///soritsa_dina.pdf?sequence=&isAllowed=y (most recently
accessed on June ).
D. Sõritsa. The health-care provider’s civil liability in cases of wrongful life: An Estonian perspective. – Juridica Inter-
national /, pp. –. – DOI: https://doi.org/./ji...; D. Sõritsa. Damages subject to compensation
in cases of wrongful birth: A solution to suit Estonia. – Juridica International /, pp. –. – DOI: https://doi.
D. Sõritsa, J. Lahe. The possibility of compensation for damages in cases of wrongful conception, wrongful birth and
wrongful life: An Estonian perspective. – European Journal of Health Law () / , pp. –. – DOI: https://
doi.org/./-; D. Sõritsa, J. Lahe. The obligation of the health-care provider to compensate for
damages in case of wrongful conception: A model to suit Estonian law. – Journal of Medical Law and Ethics () / ,
pp. –. – DOI: https://doi.org/./x.