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 Washington State, the concept of 'wrongful life' is recognized by the courts. This type of claim allows a child, through a legal guardian, to sue a medical provider for failing to inform the child's parents of a severe disability or genetic condition during pregnancy. The basis of the claim is that the child suffers a lifetime of hardship and medical expenses that could have been avoided if the parents had been properly informed and had chosen to terminate the pregnancy or avoid conception. Washington State also recognizes 'wrongful birth' claims, which are brought by the parents of a disabled child. These claims are considered a form of medical malpractice and allege that the medical provider's failure to inform the parents about the risk of a birth defect or genetic disorder deprived them of the choice to avoid or end a pregnancy. Both wrongful life and wrongful birth claims in Washington are subject to the state's medical malpractice statutes, which include specific procedural requirements and limitations on damages.