What Is a Wrongful Life Claim?

A wrongful life claim is a legal action brought by a child, or on behalf of a child, who has been born with severe birth defects or medical conditions due to the negligence or failure of a healthcare provider. This claim arises when a child alleges that they should not have been born, or their birth should have been prevented, due to the failure of a doctor to properly inform the parents of the risks or to act on crucial medical information.

What Is a Wrongful Life Claim?

1. Definition of Wrongful Life:

Wrongful life claims are typically filed by or on behalf of a child who has been born with a severe medical condition or birth defect that could have been avoided if the parents had been properly informed of the risks. In such claims, the child argues that if they had been properly advised, they would not have been born, or they would have been born under different circumstances.

It differs from wrongful birth claims, where parents claim that they would have opted for an abortion or adoption had they been properly informed about the risks of the child being born with a medical condition.

2. Legal Grounds for Wrongful Life Claims:

In a wrongful life claim, the child or their representative argues that the healthcare provider’s negligence resulted in the birth of a child with serious medical issues. Common grounds for these claims include:

• Failure to diagnose a birth defect or medical condition during prenatal care.
• Failure to inform parents about the risks of the child being born with a disability or condition, such as genetic disorders or chromosomal abnormalities.
• Failure to recommend appropriate medical tests or screening during pregnancy, such as ultrasound or genetic counseling.
• In some cases, a failure to provide proper contraception or perform sterilization as requested can also lead to a wrongful life claim.

3. The Child’s Perspective:

The child (once they reach the age of majority or through a guardian if they are a minor) claims that, due to the healthcare provider’s actions, their life is filled with unnecessary pain, suffering, and disability. Essentially, the argument is that if the parents had been properly informed or the proper tests had been conducted, the child would not have been born, or would have been born with a different set of circumstances.

4. Challenges with Wrongful Life Claims:

Legal standing: Wrongful life claims are highly contentious and often difficult to prove. Many legal systems do not allow the claim to succeed because the courts find it problematic to argue that life itself is a harm or injury, as life is generally considered a gift and a positive experience.

Moral and philosophical issues: The core issue with wrongful life claims is the difficulty in defining and quantifying harm. How does one measure the value of life in the context of birth defects or genetic disorders? Courts often struggle to provide an appropriate standard of comparison, making these cases legally complex.

In many jurisdictions, wrongful life claims are not accepted, and only wrongful birth claims (by the parents) are allowed.

5. Potential Damages in Wrongful Life Claims:

Economic Damages: These may include compensation for the costs of medical care required due to the birth defect or condition, including future care and treatment.

Non-Economic Damages: In some cases, compensation may be awarded for pain and suffering or for the emotional toll on the child and family due to the disability.

However, in jurisdictions where wrongful life claims are allowed, these damages may be difficult to quantify, and the courts may limit what can be awarded based on the legal standards of the jurisdiction.

6. Wrongful Life vs. Wrongful Birth:

Wrongful life claims are typically brought by the child (or their guardian), whereas wrongful birth claims are brought by the parents. In wrongful birth cases, the parents claim that if they had been properly informed about the risk of birth defects, they would have chosen to abort the pregnancy or take other action.

Wrongful birth claims are more commonly accepted by courts than wrongful life claims, as they typically focus on the parents’ rights and the consequences of medical malpractice, while wrongful life claims involve the complex issue of whether a life with a disability can be considered harmful in itself.

Example:

A child is born with a genetic disorder that was not detected during prenatal care, despite the availability of genetic testing. The parents file a wrongful birth claim, arguing that if they had been informed about the risks of the disorder, they would have chosen to terminate the pregnancy. The child, when older, may file a wrongful life claim, arguing that their life with the disorder has caused unnecessary suffering, and that they should not have been born under these conditions.

Conclusion:

Wrongful life claims are complex and controversial legal actions that arise when a child is born with a severe medical condition that could have been prevented if the parents had been properly informed about the risks. While wrongful life claims are difficult to succeed in and are not accepted in all jurisdictions, they are based on the principle that the child’s suffering could have been avoided had proper medical care or information been provided. In contrast, wrongful birth claims, which focus on the parents’ right to make informed reproductive decisions, are more commonly pursued and accepted in the legal system.