Wrongful Life

Definition - What does Wrongful Life mean?

A wrongful life lawsuit is one that is filed at the behest of a child born with serious birth defects or similar disabilities. This type of medical malpractice suit claims that the child wouldn't have been conceived or born if their parents had received proper advice from a genetic counselor, doctor or similar health care provider.

Justipedia explains Wrongful Life

Wrongful life claims are rarely accepted by U.S. courts. This is because the claim is not based on the disability itself, but on the fact that the child was born. While the right to life is widely acknowledged as a basic human right, there is no legally recognized "right not to be born."

Courts also find it difficult — but not impossible — to award financial compensation to plaintiffs in such cases. There have been some cases in which courts have awarded compensation for medical and related expenses associated with the defect or disability, as long as the parents haven't already received such reparations.

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