A wrongful life claim is one of the more difficult and controversial forms of medical negligence actions in California. In contrast to wrongful death or wrongful birth actions, wrongful life suits are prosecuted by the child, not the parents. The child claims that as a result of medical negligence, they were born with serious disabilities or genetic disorders that could have been prevented, and that the mere fact of their existence is a legally cognizable harm.
California is among the only states in the U.S. with a wrongful life lawsuit statute. This article examines the legal basis, major factors, limitations, and controversies in wrongful life actions under California law.
What Is a Wrongful Life Lawsuit?
In a wrongful life case, the child (usually through a parent or legal guardian) sues a healthcare provider for failing to warn or inform the parents of a serious genetic or congenital condition before birth. The core allegation is that, had the parents been properly informed, they would have chosen to terminate the pregnancy or avoided conception altogether—thereby preventing the child’s suffering.
The term “wrongful life” reflects the argument that the child has been brought into the world to face a lifetime of pain, disability, or disadvantage that could have been avoided with proper medical care.
Wrongful Life vs. Wrongful Birth
It’s important to distinguish between these two related but separate causes of action:
- Wrongful birth is brought by the parents, claiming they were deprived of the opportunity to make an informed reproductive decision.
- Wrongful life is brought by the child, claiming that their birth into a life of profound suffering was the direct result of medical negligence.
California courts have allowed both types of claims, though damages are treated differently in each case.
Legal Basis for Wrongful Life in California
Wrongful life claims are permitted under California law following the landmark decision in Turpin v. Sortini (1982) 31 Cal.3d 220. In that case, the California Supreme Court held that:
- A child born with a severe disability due to medical negligence may bring a wrongful life claim
- The child may recover economic damages, such as the cost of medical care and special accommodations
- The child may not recover for general damages, including pain and suffering, loss of enjoyment of life, or emotional distress
This decision made California one of the only jurisdictions to formally recognize wrongful life claims, albeit with significant limitations.
Elements of a Wrongful Life Claim
To succeed in a wrongful life case in California, the plaintiff (through a parent or guardian) must prove the following elements:
- The healthcare provider owed a duty of care to the parents and indirectly to the child
- The provider breached that duty by failing to properly diagnose, test, or disclose the risk of a severe congenital or genetic condition
- Had the parents been properly informed, they would have terminated the pregnancy or taken steps to avoid conception
- As a result of the provider’s negligence, the child was born with a condition that requires extraordinary medical care and support
These claims often involve misinterpretation or failure to administer prenatal tests, genetic screening errors, or poor medical counseling during fertility treatment or early pregnancy.
Types of Conditions Cited in Wrongful Life Cases
Wrongful life claims typically involve severe, lifelong, and disabling conditions, such as:
- Cystic fibrosis
- Tay-Sachs disease
- Spina bifida
- Muscular dystrophy
- Severe chromosomal disorders (e.g., Trisomy 13 or 18)
- Congenital brain malformations
- Other genetic abnormalities causing profound impairment
The severity and predictability of the condition often play a major role in the court’s evaluation of the claim.
Who Can Be Sued?
Defendants in wrongful life cases may include:
- Obstetricians
- Genetic counselors
- Fertility doctors or IVF clinics
- Radiologists or ultrasound technicians
- Medical laboratories performing diagnostic testing
Plaintiffs must prove that the provider’s care fell below the accepted standard of medical care, and that this failure deprived the parents of the opportunity to prevent the child’s birth.
Damages Allowed in Wrongful Life Cases
Under current California law, the only compensable damages in a wrongful life claim are special (economic) damages, specifically:
- Costs of extraordinary medical care
- Life-long nursing or home assistance
- Special educational services or devices
- Therapies or treatments necessary due to the disability
- Transportation modifications, home renovations, and medical equipment
No recovery is allowed for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Any assertion that nonexistence would have been preferable
This limitation is based on the court’s reasoning that it’s impossible to measure the value of life itself, even one with suffering, against nonexistence.
Limitations and Legal Challenges
Wrongful life lawsuits are subject to the same rules and defenses as any other medical malpractice claim, including:
- Statute of limitations: Must typically be filed within six years of birth or within three years of discovery of the injury, but no later than the child’s eighth birthday
- Standard of care: Plaintiffs must prove what a reasonably prudent doctor would have done under similar circumstances
- Causation: Must show the parents would have chosen to terminate the pregnancy if properly informed
These cases often involve emotionally charged testimony and strong opposition from medical defendants who argue that life, even with disability, is not a legally recognized injury.
Ethical and Public Policy Considerations
Wrongful life claims are controversial. Critics argue they:
- Send a message that the child’s life is a “mistake” or “less valuable”
- May stigmatize people living with disabilities
- Force courts to evaluate the worth of life with a disability
Supporters counter that:
- These claims are not about assigning blame to the child, but about holding medical professionals accountable for negligence
- The focus is on economic justice and helping families afford necessary care
- Parents have a fundamental right to make informed reproductive decisions
California courts have attempted to balance these concerns by limiting damages while still allowing a legal avenue for relief.
Role of the Guardian Ad Litem
Because children cannot sue on their own behalf, wrongful life cases are typically brought through a guardian ad litem—often one of the parents. The court will ensure that the child’s interests are being protected throughout the litigation.
Any settlement or judgment must be approved by the court, and funds are often placed in a trust or structured settlement to ensure they are used for the child’s care.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
