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 Oklahoma, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid legal claims. Oklahoma courts have not established a precedent for allowing children to sue for 'wrongful life,' meaning a claim where a child born with disabilities argues that they would not have been born had the parents been properly informed of the child's condition during pregnancy. Similarly, 'wrongful birth' claims, where parents sue medical professionals for not informing them of potential genetic or congenital abnormalities that would have led to a decision to avoid or terminate a pregnancy, are also not recognized in Oklahoma. This is in contrast to states like California, Maine, New Jersey, and Washington, which do recognize 'wrongful life' claims, and the approximately half of the states that recognize 'wrongful birth' claims. In Oklahoma, any such claims would likely be dismissed, as the state adheres to the more traditional views on these issues and has not codified these causes of action into law.