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 Indiana, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid legal claims. Indiana courts have generally followed the majority rule that does not allow for wrongful life claims, which would involve a child suing for being born with disabilities. Similarly, wrongful birth claims, where parents sue for the birth of a disabled child due to a lack of information about the child's health or genetic conditions, are also not recognized. Indiana law does not provide a cause of action for parents to claim damages for the birth of a disabled child on the basis that they would have chosen to avoid or terminate the pregnancy if they had been properly informed. Parents in Indiana may still pursue traditional medical malpractice claims if they can prove that a healthcare provider failed to meet the standard of care in providing medical services, but these claims would not be based on the wrongful birth or wrongful life theories.