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 Pennsylvania, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid causes of action. Pennsylvania courts have consistently refused to acknowledge wrongful life claims, which would involve a disabled child suing for being born with disabilities due to a healthcare provider's failure to inform the parents of the risks or genetic conditions during pregnancy. Similarly, wrongful birth claims, where parents sue for the birth of a disabled child claiming that they would have made different reproductive choices had they been properly informed, are also not recognized in Pennsylvania. The state's legal stance is in line with the majority of states that do not support these types of lawsuits, based on the rationale that such claims involve complex policy considerations and the difficulty in assessing damages for being born. Therefore, in Pennsylvania, neither wrongful life nor wrongful birth claims are likely to succeed in court.