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Torts • Family Rights
TORT#126
Legal Definition
Though a child cannot bring an action against a physician for wrongful life, a parent may bring an action for wrongful birth in instances where a doctor failed to properly warn the parents of risks associated with conceiving—or giving birth to—a child with serious genetic or congenital abnormalities. Generally, damages are limited to the costs of raising an abnormal child with the defect., but not all costs associated with raising the child.
Plain English Explanation
When a doctor's mistake results in a child being born with severe disabilities that the parents were not warned about, the parents may bring a wrongful birth suit for the costs associated with raising a child with severe disabilities. A child that later wishes they were never born, however, has no claim against the doctor.
Hypothetical
Hypo 1: Sam and Amy don't want kids. They both decide to get sterilized. Their doctors negligently perform their procedures and fail to sterilize Sam and Amy. Sam and Amy have no idea that their procedures didn't work and decide to celebrate with a wild weekend of unprotected sex. Amy becomes pregnant. Result: Sam and Amy may bring a suit against either doctor for wrongful pregnancy.
Hypo 2: Sam and Amy want kids, but only if they are healthy. Amy becomes pregnant. Sam and Amy visit a doctor to perform genetic screening on the fetus to help them decide whether or not they want an abortion. Amy's doctor is against abortions and tells Sam and Amy that their baby is totally healthy. As the pregnancy continues, Amy has multiple health issues and, eventually, prematurely gives birth to a baby with multiple severe genetic abnormalities which will cost a substantial amount of money over the life of raising the child and taking care of the child for the rest of Sam and Amy's life. Result: Sam and Amy may sue the doctor for wrongful birth and seek damages associated with the economic costs of raising and taking care of the child with severe genetic abnormalities.
Hypo 2: Sam and Amy want kids, but only if they are healthy. Amy becomes pregnant. Sam and Amy visit a doctor to perform genetic screening on the fetus to help them decide whether or not they want an abortion. Amy's doctor is against abortions and tells Sam and Amy that their baby is totally healthy. As the pregnancy continues, Amy has multiple health issues and, eventually, prematurely gives birth to a baby with multiple severe genetic abnormalities which will cost a substantial amount of money over the life of raising the child and taking care of the child for the rest of Sam and Amy's life. Result: Sam and Amy may sue the doctor for wrongful birth and seek damages associated with the economic costs of raising and taking care of the child with severe genetic abnormalities.
