Wrongful life refers to a claim or cause of action in which a severely disabled child (through the child’s legal guardian) sues the child’s mother’s doctor or hospital for failing to provide the child’s parents with information about the child’s disability during the pregnancy, or about a genetic disposition for the birth defect with which the child was born, causing the child a lifetime of suffering and medical expenses.
In such cases the child argues the parents would have had an abortion or chosen not to get pregnant if they had known of the birth defect or the genetic disposition for it. Most states do not recognize a wrongful life claim, but California, Maine, New Jersey, and Washington do.
Wrongful birth is a similar claim or cause of action that may be brought by the disabled child’s parents in states that recognize such a claim—and about half of the states do. Wrongful birth is a type of medical malpractice claim.
In Texas, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid legal claims. Texas courts have generally followed the majority rule that does not allow for wrongful life claims, which would involve a child suing for being born with disabilities. Similarly, wrongful birth claims, where parents sue for not being informed about potential genetic or birth defects that would have led to a decision to avoid or terminate a pregnancy, are also not recognized. Texas law does not provide a cause of action for these types of claims, meaning that such lawsuits would not be successful in Texas courts. Parents in Texas cannot recover damages for the extra costs of raising a disabled child that they would have chosen not to have if they had been properly informed of the child's condition in advance.
