Wrongful life refers to a claim or cause of action in which a severely disabled child (through the child’s legal guardian) sues the child’s mother’s doctor or hospital for failing to provide the child’s parents with information about the child’s disability during the pregnancy, or about a genetic disposition for the birth defect with which the child was born, causing the child a lifetime of suffering and medical expenses.
In such cases the child argues the parents would have had an abortion or chosen not to get pregnant if they had known of the birth defect or the genetic disposition for it. Most states do not recognize a wrongful life claim, but California, Maine, New Jersey, and Washington do.
Wrongful birth is a similar claim or cause of action that may be brought by the disabled child’s parents in states that recognize such a claim—and about half of the states do. Wrongful birth is a type of medical malpractice claim.
In California, the concept of 'wrongful life' is recognized by the courts, allowing a child with disabilities to bring a lawsuit through a legal guardian against a medical professional for failing to inform the parents of the child's disability or genetic disposition during pregnancy. This legal action is predicated on the assertion that the child suffers due to being born with a disability that might have led to a decision to terminate the pregnancy or avoid conception if the parents had been properly informed. The claim is based on the notion that the child endures unnecessary suffering and incurs medical expenses due to the disability. Additionally, California also recognizes 'wrongful birth' claims, which are brought by the parents of a disabled child. This type of claim is a form of medical malpractice where the parents allege that they would have made different reproductive choices had they been provided with accurate information regarding the risk of a genetic or congenital disability in their child. Wrongful birth claims are aimed at recovering the costs associated with raising a disabled child, which the parents argue they would not have incurred if they had been properly informed.