Are Wrongful Birth and Wrongful Life Lawsuits Wrong?

                                                                                         

You may be familiar with the term "wrongful death," which typically refers to legal proceedings concerning an untimely death caused by another's negligence or willful misconduct. But the terms "wrongful birth" and "wrongful life" might be a bit confusing. You may wonder, what constitutes a "wrongful birth"?

What Makes a Birth Wrong?
Wrongful birth and wrongful life cases are different from birth injury lawsuits. In the case of a birth injury, an action or event during or soon after the birth causes harm to a child or mother. For a wrongful birth or wrongful life lawsuit, a child must be born with a birth defect that could have been caught early in pregnancy, allowing for a termination of a pregnancy instead of the birth of a severely disabled child. Sickle cell anemia, Tay-Sachs disease, neurofibromatosis, and Down's syndrome can be detected early during pregnancy, if proper testing is completed.

What Is the Difference between Wrongful Birth and Wrongful Life?
In a wrongful life case, a child sues his or her parents, doctors, or other people involved. Typically, the child (or the adult acting on behalf of the child, usually a parent) alleges that the birth defect or disease is so life altering that the child would have been better off never having been born. Basically, the argument is not that the plaintiff would have had a healthy, unimpaired life, but rather that if the defendant had not been negligent, the plaintiff would not have been born. The child seeks damages for being born with a birth defect rather than not being born.

Whereas a wrongful life lawsuit is filed on behalf of a child, a wrongful birth case is filed by parents on their own behalf. The claim for damages is based on the cost to parents of raising a child born with birth defects, alleging that negligent treatment (including not testing the mother and fetus for risk factors and other indicators) or advice deprived them of the opportunity to avoid conception or terminate the pregnancy.

Controversy of Wrongful Birth and Wrongful Life Cases
Many of the cases state that early termination of a pregnancy would have prevented the wrongful birth and abortion, even for the health of the baby and mother, are still controversial. In fact, before the 1973 ruling of Roe v. Wade by the U.S. Supreme Court, abortion was still a criminal act and parents could not argue that they could have had an abortion to keep from having a child with a birth defect.

Although more states now recognize wrongful birth and wrongful death actions, the controversy concerning abortion makes it difficult to convince juries (and even judges) in many states to side with the parents.

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For additional information on your legal rights, it is important to speak with skilled wrongful death lawyers, car accident and auto accident lawyers, and personal injury attorneys in Kansas City, Missouri.

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