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 New Jersey, the concept of 'wrongful life' is recognized by the courts, allowing a child, through a legal guardian, to sue a medical professional for failing to inform the parents of a severe disability or genetic condition during pregnancy. This legal doctrine is premised on the argument that the child suffers due to the disability and incurs medical expenses that could have been avoided if the parents had been properly informed and chosen to terminate the pregnancy or avoid conception. New Jersey law permits such claims, acknowledging the unique and controversial nature of arguing for damages based on the premise that one would have been better off not being born. Additionally, New Jersey recognizes 'wrongful birth' claims, which are brought by the parents of a disabled child against medical professionals for failing to warn them of the risks of a genetic or congenital condition, which would have led to a decision to avoid or terminate the pregnancy. This is considered a type of medical malpractice claim, and about half of the states in the U.S. allow for such claims.