{"id":353187,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/wrongful-birth-and-wrongful-life-lawsuits.html"},"modified":"2024-01-24T16:31:39","modified_gmt":"2024-01-24T21:31:39","slug":"wrongful-birth-and-wrongful-life-lawsuits","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/wrongful-birth-and-wrongful-life-lawsuits.html","title":{"rendered":"Wrongful Birth and Wrongful Life Lawsuits"},"content":{"rendered":"\n
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Wrongful Birth and Wrongful Life Lawsuits<\/h1>\n\n
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\n By Oni Harton, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A wrongful birth<\/span> lawsuit<\/span> claims that medical negligence affected the parent\u2019s decisions about having a child. A wrongful life lawsuit<\/span> claims that a child would not have been born if not for a doctor\u2019s negligence. Both of these medical malpractice<\/span> claims<\/span> usually involve genetic testing<\/span>, prenatal care, and birth defects<\/span>.<\/p>\n\n <\/div>\n\n\n\n

Most birth injury lawsuits result from medical malpractice.\u00a0Birth injury\u00a0medical malpractice cases claim that the medical care failed to meet the appropriate standard of care. They claim that the defendant’s\u00a0negligence\u00a0caused personal injury.<\/p>\n

Wrongful birth and wrongful life lawsuits are different. These claims relate to a medical professional failing to detect a severe birth defect or condition.<\/p>\n

This article explains wrongful birth and wrongful life lawsuits and the possible damages a plaintiff may recover. You should also discuss your options with a medical malpractice lawyer<\/a> if you believe one of these wrongful acts happened to your family.<\/p>\n

Wrongful Birth Lawsuits<\/h2>\n

Obstetricians and other medical professionals owe a duty to patients. During pregnancy, they must inform their patients about known risks or complications. These details help the patients make family planning decisions<\/a>.\u00a0<\/p>\n

Failing to do so can lead to birth injuries<\/a> and other serious issues like wrongful birth. It also exposes healthcare professionals to liability for medical malpractice<\/a>.<\/p>\n

In a wrongful birth action, the parent sues a healthcare provider or hospital<\/a>. They claim the defendant misdiagnosed the fetus’s medical condition. Misdiagnosis is a common type of negligence claim<\/a> in medical malpractice cases.\u00a0<\/p>\n

Plaintiffs in a wrongful birth cause of action also generally base their claim on one of the following:<\/p>\n