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 Ohio, the concepts of 'wrongful life' and 'wrongful birth' are addressed in the context of medical malpractice and negligence law. However, Ohio does not recognize 'wrongful life' claims, which would involve a disabled child suing on the basis that they would not have been born if the parents had been properly informed about the child's disabilities or genetic conditions during pregnancy. On the other hand, Ohio does recognize 'wrongful birth' claims. This allows parents to sue medical professionals for negligence in failing to inform them of the risks of congenital or hereditary disorders in their child, which would have led to a decision to avoid or terminate the pregnancy. Wrongful birth claims in Ohio are based on the premise that the parents suffered damages due to the lack of information that would have allowed them to make an informed decision about the pregnancy.