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 Colorado, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid legal claims. Colorado courts have generally followed the majority rule that does not allow for wrongful life claims, which would involve a disabled child suing for being born with disabilities due to a healthcare provider's negligence. Similarly, wrongful birth claims, where parents sue for the birth of a disabled child alleging that they were not properly informed of the risks of genetic or congenital abnormalities, are also not recognized in Colorado. This means that neither the child nor the parents can typically recover damages for the types of claims that assert the child should not have been born or that the parents would have made different reproductive choices had they been fully informed. As such, any legal action related to birth defects or genetic conditions in Colorado would need to be framed within the recognized parameters of medical malpractice or negligence, focusing on the standard of care provided rather than the existence of the child.