A wrongful birth claim is brought by the parents, based on their right to accurate information and to make decisions about the pregnancy. A wrongful life claim is brought on behalf of the child. The distinction matters a great deal in practice, because most states recognize wrongful birth claims in some form, while only a small number recognize wrongful life claims, and those that do typically limit what can be recovered.
Understanding Wrongful Birth Claims
When prenatal testing or screening does not give parents accurate information, families can be left without the chance to prepare or to make decisions that were theirs to make. This page is here to help you understand what a wrongful birth claim involves and what options may be available to your family.
What is a wrongful birth claim?
A wrongful birth claim is a type of medical malpractice case brought by parents. It arises when a healthcare provider fails to accurately diagnose, test for, or communicate information about a pregnancy, and that failure deprives the parents of the ability to make an informed decision about it.
It is important to understand what these claims are and are not. A wrongful birth claim is not a statement that a child should not exist or is not loved. The claim rests on the parents’ right to accurate medical information and to make their own decisions, along with the significant, often lifelong costs of caring for a child with a serious medical condition. The legal question is whether the provider met the standard of care in testing, interpreting, and communicating, and whether the parents were given the information they were entitled to have.
How these claims typically arise
Wrongful birth claims usually trace back to a breakdown somewhere in prenatal or reproductive care. Common circumstances include:
- Prenatal genetic screening or diagnostic testing that was not offered when it was clinically indicated
- Testing that was performed but misread, misreported, or processed incorrectly
- Abnormal or uncertain results that were never communicated to the parents
- A failure to recommend follow-up testing, genetic counseling, or a specialist referral after a concerning result
- A failure to identify a significant condition on prenatal imaging when it was reasonably visible
- A sterilization procedure that was performed negligently
- A failure to diagnose a pregnancy in time for the parents to consider their options
When these circumstances may be medical malpractice
Not every unexpected diagnosis at birth is the result of medical negligence. Prenatal testing has real limits, some conditions cannot be detected before birth, and screening results can be uncertain even when everything is done correctly. That said, certain circumstances may point to negligence, such as:
- Failing to offer testing or screening that the standard of care called for given the family’s history or risk factors
- Misinterpreting genetic, laboratory, or imaging results that a careful provider should have recognized
- Errors in collecting, labeling, processing, or reporting a specimen
- Failing to tell the parents about an abnormal, uncertain, or incomplete result
- Failing to arrange recommended follow-up testing, counseling, or referral
- Performing a sterilization procedure improperly or failing to confirm that it worked
Whether a specific case involves malpractice depends on the medical records and the details of what happened. The attorneys at Wais, Vogelstein, Forman, Koch & Norman, LLC work with medical experts and genetic counselors to review the testing, the results, and the communication that followed, determine whether the standard of care was met, and help families understand their options.
What these claims may cover
Because a wrongful birth claim is brought by the parents, the damages generally focus on the costs and effects the family has absorbed. Depending on the state and the circumstances, that may include the extraordinary medical, therapeutic, and educational expenses associated with the child’s condition, beyond the ordinary costs of raising a child, along with the emotional effects on the parents. Every state approaches these damages differently.
Why state law matters so much here
Wrongful birth is one of the most state-specific areas of medical malpractice law. Most states recognize these claims in some form, but the rules on what must be proven and what damages are available vary widely, and a number of states have passed laws barring wrongful birth claims entirely. Because of that variation, the single most useful early step is finding out how the law works in the state where the care took place. Wais, Vogelstein, Forman, Koch & Norman, LLC handles cases nationwide and can help you understand what applies to your situation.
Frequently Asked Questions
Common questions about wrongful birth claims.
These claims raise questions that are both legal and personal. Here are answers to a few of the most common ones.
What is the difference between wrongful birth and wrongful life?
Is a wrongful birth claim always the result of medical malpractice?
No. Prenatal testing cannot detect every condition, screening results can be uncertain, and some conditions are not identifiable before birth even with attentive care. A claim may be possible when a provider failed to offer indicated testing, misread a result, or did not communicate findings the parents needed. Reviewing the medical records is the best way to understand whether the standard of care was met.
Can we still bring a claim if we would have continued the pregnancy?
Possibly, depending on the state and the circumstances. Some families pursue these claims not because a different decision would have been made, but because accurate information would have allowed them to prepare, arrange specialized care, plan the delivery differently, or begin treatment for their child sooner. Because state law varies significantly on this point, it is worth asking an attorney about the rules where the care took place.
How long do we have to file a claim?
The deadline depends on the state where the care took place, and the rules can differ depending on who is bringing the claim. Some states also have notice or expert review requirements before a case can be filed. Because these rules vary and can be strict, it is best to speak with an attorney as early as possible so no important deadline passes. Wais, Vogelstein, Forman, Koch & Norman, LLC handles cases nationwide and can help you understand the deadline that applies to your situation.
