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What is a Wrongful Life Action? A Comprehensive Guide
Definition & Meaning
A wrongful life action is a type of lawsuit initiated by or on behalf of a child born with congenital disabilities. In these cases, the child claims that due to the negligent advice of a medical professional, the parents would not have conceived the child or would have chosen to terminate the pregnancy if they had been properly informed about the potential for birth defects. It is important to note that most jurisdictions do not recognize these claims, making them difficult to pursue legally.
Table of content
Legal Use & context
Wrongful life actions are primarily used in civil law contexts, particularly in medical malpractice cases. These lawsuits often arise when parents believe that a healthcare provider failed to provide adequate information regarding genetic risks or prenatal care, leading to the birth of a child with significant health issues. Users may find legal forms related to medical malpractice or wrongful life actions on platforms like US Legal Forms, which can help them navigate the legal process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A couple consults a doctor about genetic testing due to a family history of hereditary conditions. The doctor fails to inform them of a significant risk of birth defects, leading to the birth of a child with severe disabilities. The parents may pursue a wrongful life action, claiming they would have chosen to terminate the pregnancy had they been informed.
State-by-state differences
State
Recognition of Wrongful Life Actions
California
Recognizes wrongful life actions under specific circumstances.
New York
Does not recognize wrongful life actions.
Texas
Generally does not recognize wrongful life actions.
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 Life Action
A lawsuit by a child born with defects claiming they would not have been born if proper information was provided.
Focuses on the child's perspective and potential for non-existence.
Wrongful Birth Action
A lawsuit by parents claiming they were not informed of risks, leading to the birth of a child with defects.
Focuses on parental claims rather than the child's perspective.
Common misunderstandings
What to do if this term applies to you
If you believe a wrongful life action may apply to your situation, consider the following steps:
Consult with a qualified attorney who specializes in medical malpractice or wrongful life cases.
Gather any relevant medical records and documentation related to the case.
Explore legal form templates on US Legal Forms to assist with the filing process.
Due to the complexity of these cases, professional legal assistance is often recommended.
Find the legal form that fits your case
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