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 California, the concept of 'wrongful life' is recognized by the courts, allowing a child, through a legal guardian, to bring a lawsuit against a medical professional for failing to inform the parents of a severe disability or genetic condition during pregnancy. This legal action is predicated on the assertion that the child suffers due to the disability and incurs medical expenses, and that the parents would have considered termination of the pregnancy or avoided conception if they had been properly informed. The claim is distinct from 'wrongful birth,' which is a cause of action that parents can bring for similar reasons. Wrongful birth claims are based on the premise that the parents suffered damages due to the birth of a disabled child, which could include emotional distress and the financial burden of caring for the child. California is one of the few states that recognize both wrongful life and wrongful birth claims, and these are considered under the umbrella of medical malpractice law.