The Distinctions among wrongful birth, wrongful life, and wrongful conception

by: admin Healthcare Ethics‚ Healthcare Research‚ Patient Care‚ Quality of Care Comment off
  • Wrongful Birth claim is an action whereby parents seek damages for a child born with birth shortcomings and the claim for such damages is based on the cost to parents of raising an unexpectedly defective child. The birth claim brought by the parent of a defective child will and can be against a physician or a laboratory that negligently fails to inform them, in a timely manner, of an increased possibility that the mother will give birth to such a child, therefore precluding an informed decision whether to have the child.
  • Wrongful life, similar to wrongful Birth is a claim of action whereby the child or in some cases, the parents seeks damages based on harm suffered as a result of being born, rather than not being born. The plaintiffs oppose that the physician or laboratory negligently failed to inform the child’s parents of the risk of bearing a genetically defective infant and henceforth prevented the parents’ right to avoid the birth.
  • Wrongful Conception is a claim for damages sustained by the parents of an unexpected child based on an allegation that conception of the child resulted from negligent sterilization procedures or a defective contraceptive device.
  • There are considerable legal debates concerning the issue of an unsuitably performed sterilization. There have been many cases in recent years involving actions and claims for wrongful birth, wrongful life, and wrongful conception. Additionally, some states and laws interpret cases concerning wrongful life, wrongful conception and wrongful birth differently. Some regions believed physicians could prevent lawsuits by informing each patient and/or family members in custody, both orally and through written consent, as to the likelihood of an unsuccessful sterilization, and the inherent risks of the sterilization procedure.