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 the state of Delaware, the concepts of 'wrongful life' and 'wrongful birth' are distinct legal claims. Delaware does not recognize 'wrongful life' claims, which would involve a disabled child, through a legal guardian, suing a medical provider for not informing the parents of a severe disability or genetic condition during pregnancy. This type of claim is predicated on the notion that the child would prefer not to have been born. However, Delaware does recognize 'wrongful birth' claims. This is a type of medical malpractice action where the parents of a disabled child sue the medical provider for failing to inform them of the risk of giving birth to a child with serious genetic or congenital abnormalities. The parents argue that with proper information, they could have made an informed decision about whether to conceive or to terminate the pregnancy. Wrongful birth claims in Delaware are based on the premise that the parents suffered damages due to the lack of information that would have allowed them to avoid the costs and emotional distress associated with raising a child with disabilities.