Wrongful Life - A Controversial Malpractice Claim

A person alleging that they would have rather not been born, than be born with a genetic defect or disability, may bring a wrongful life lawsuit against the treating physician. When parents have the same sentiment regarding the birth of their child and want to pursue legal action, their claim is called a wrongful birth claim.

A wrongful life claim resounds from the theory that had the physician performed his job properly, the child would not have been born at all.

Proving a Wrongful Life Claim

The rules regarding establishing this claim vary from state to state. Some states such as Arizona, Illinois, Maryland, Minnesota, Missouri, Pennsylvania and Texas do not recognize wrongful life claims due to the controversial nature of such an allegation.

Generally, to succeed in a wrongful life action, the child must prove the following elements:

• The physician negligently treated the mother/parents concerning the possible genetic defects or disabilities of the child
• The negligent treatment caused the mother/parents to be unaware of the possibility of a condition that otherwise may have affected the decision to continue with the pregnancy
• The negligence of the physician caused the child to be born
• The child was born with a genetic defect or disability
• Special damages were suffered (money spent as well as money that will need to be spent to compensate for the additional care needed by the child)

Ethical Concerns

Courts have approached wrongful life claims with reservation due to the ethical issues such a claim raises, including:

• How should a monetary value be determined to compensate an individual for having a genetic defect or disability?
• Is non-existence preferable to an existence with a genetic disease?
• Does a person have a right not to be born?