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 Wyoming, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid legal claims. Wyoming courts have not established a precedent for allowing children, through their legal guardians, to sue for 'wrongful life,' which would imply that the child could claim damages for being born with disabilities or genetic conditions that were not disclosed to the parents during pregnancy. Similarly, 'wrongful birth' claims, where parents sue medical professionals for not informing them of potential birth defects or genetic dispositions that would have led to a decision to avoid or terminate a pregnancy, are not recognized in Wyoming. Since Wyoming does not provide a legal framework for these types of claims, they are not actionable under the state's current laws. Parents and children in Wyoming who believe they have suffered due to medical malpractice should consult with an attorney to explore other potential legal remedies that may be available under the state's medical malpractice statutes.