A wrongful life claim can be brought by the parents or the child claiming wrongful life claims.
Some children bring on the wrongful life claim and sometimes the parents pursue the wrongful life lawsuit for damages.
However the majority of court cases for wrongful life lawsuits are rejected due to public policy and morality based considerations as they believe that a child's life even though they have disabilities is better than them having no life at all.
The states which recognize wrongful life claims are Washington, New Jersey, Maine and California.
Not all states will recognize or allow a wrongful life lawsuit to be brought on.
In law wrongful life is a malpractice claim that is brought on by or on behalf of a child who was born with a birth defect alleging that he or she would never have been born if not for the negligent advice or treatment provided to the parents by a physician or health-care provider.
Wrongful life is when a medical practitioner is sued for failing to properly prevent a child from being born, for instance, as a result of an invitro fertilization procedure, pregnancy termination or sterilization procedure gone wrong.
Wrongful birth involves the physician's duty to impart to expectant parents information about potential fetal defects.
Wrongful life suits reflect the child's right to recovery for life-long suffering as a result of the physician's inadequate pre- or peri-natal care.
Negligence during childbirth occurs when health care providers fail to meet the standard of care, resulting in harm to the mother or baby.
This can include errors in diagnosis, improper use of medical tools, or delays in necessary medical interventions.
Any plaintiffs in wrongful life cases are awarded special damages to account for the economic losses related to the hereditary disability.
This can include any medical expenses and future medical care, medication, and therapy.