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 Washington State, the concept of 'wrongful life' is recognized by the courts. This type of claim allows a severely disabled child, through a legal guardian, to sue a medical provider for failing to inform the child's parents about the child's disability or a genetic predisposition to a birth defect during pregnancy. The basis of the claim is that the child suffers a lifetime of hardship and medical expenses that could have been avoided if the parents had been properly informed and had the opportunity to make an informed decision about the pregnancy, which might have included termination. Washington State also recognizes 'wrongful birth' claims, which are brought by the parents of a disabled child. These claims are a form of medical malpractice where the parents allege that due to the negligence of the medical provider in failing to warn them of the risks of a genetic or congenital abnormality, they were deprived of the choice to avoid conception or to terminate the pregnancy. Both wrongful life and wrongful birth claims are complex and involve nuanced legal arguments, and individuals considering such actions should consult with an attorney who specializes in medical malpractice and personal injury law.