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 Rhode Island, the concepts of 'wrongful life' and 'wrongful birth' are not explicitly recognized by statute. Wrongful life claims, where a child born with disabilities sues on their own behalf for being born, are generally not supported in the legal system due to the complex philosophical and public policy issues they raise. Similarly, wrongful birth claims, where parents sue for the birth of a child with disabilities due to a lack of information about the child's health that would have led to a decision to avoid or terminate the pregnancy, are not specifically recognized in Rhode Island. While some states have statutes that address these issues, Rhode Island courts have not established a clear precedent for such claims, and they are not widely accepted in the state's legal framework. As with any complex legal matter, individuals seeking information on this topic should consult with an attorney who is knowledgeable in Rhode Island's medical malpractice and personal injury laws for current and specific legal guidance.