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 Tennessee, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid legal claims. Tennessee courts have generally followed the majority rule that such claims do not constitute a cause of action. This means that a child, through a legal guardian, cannot sue a doctor or hospital for 'wrongful life' on the basis that the child would not have been born if the parents had been properly informed about a severe disability or genetic condition. Similarly, parents in Tennessee cannot bring a 'wrongful birth' claim against medical professionals for failing to inform them of potential birth defects or genetic dispositions that could have led to a decision to avoid or terminate a pregnancy. As such, these types of medical malpractice claims related to the non-disclosure of information that could have led to a decision not to conceive or to terminate a pregnancy are not actionable in Tennessee.