What is Wrongful Birth? Legal Insights and Parental Rights

Q: Can I file a wrongful birth claim in any state?

No, not all states recognize wrongful birth claims. It&#039;s important to check your state&#039;s laws.

Q: What damages can I recover in a wrongful birth claim?

Damages may include economic losses and, in some states, emotional distress damages.

Definition & Meaning

Wrongful birth refers to a legal claim made by parents whose child is born with birth defects, asserting that they were not given adequate information or advice by a healthcare provider. This negligence deprived them of the chance to avoid conception or terminate the pregnancy. The claim is typically initiated by the mother, who argues that had she received proper information about potential genetic disorders during prenatal testing, she would have chosen not to give birth to a child with such defects.

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Legal Use & context

This term is primarily used in medical malpractice cases, which fall under civil law. Parents may pursue wrongful birth claims against healthcare providers for failing to provide necessary genetic counseling or accurate test results. These claims may involve legal forms and procedures that can be managed with the help of resources like US Legal Forms, which offers templates drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) A mother undergoes genetic testing during her pregnancy but is not informed about a serious genetic disorder that could affect her child. After the child is born with the disorder, the mother files a wrongful birth claim against the healthcare provider for not providing the necessary information that would have led her to consider termination of the pregnancy.

State-by-state differences

State	Key Differences
California	Recognizes wrongful birth claims and allows for recovery of emotional distress damages.
New York	Allows wrongful birth claims but limits recovery to economic damages.
Texas	Does not recognize wrongful birth claims, focusing instead on wrongful life claims.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Wrongful Birth	Claim by parents for not being informed about birth defects.	Focuses on the parents' right to make informed decisions.
Wrongful Life	Claim made on behalf of the child born with defects.	Emphasizes the child's suffering due to being born with defects.
Medical Malpractice	General term for negligence by healthcare providers.	Broader category that includes wrongful birth claims.

Common misunderstandings

What to do if this term applies to you

If you believe you have a wrongful birth claim, consider the following steps:

Document all medical advice and testing results related to your pregnancy.
Consult with a qualified attorney who specializes in medical malpractice to evaluate your case.
Explore resources such as US Legal Forms for legal templates that can assist in filing your claim.
If your situation is complex, seek professional legal help to navigate the process effectively.

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Quick facts

Typical claims involve negligence by healthcare providers.
Jurisdiction: Civil court.
Potential damages can include economic losses and, in some states, emotional distress.

Key takeaways

Frequently asked questions

What is the difference between wrongful birth and wrongful life?

Wrongful birth is a claim made by parents, while wrongful life is made on behalf of the child born with defects.