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 Arizona, the concept of 'wrongful life' is not recognized as a valid cause of action. This means that a child, through a legal guardian, cannot sue a doctor or hospital for failing to inform the parents about a disability or genetic condition during pregnancy that would have led to a decision to terminate the pregnancy or avoid conception. However, Arizona does recognize 'wrongful birth' claims, which are a type of medical malpractice action. In a wrongful birth claim, the parents of a child born with disabilities can sue medical professionals for negligence in failing to properly warn them of the risk of having a child with a genetic or congenital condition. This is based on the premise that the parents would have made a different reproductive choice had they been fully informed. Wrongful birth claims in Arizona are subject to the same statutes and regulations that govern medical malpractice lawsuits, including statutes of limitations and requirements for expert testimony.