Woman Sues For "Wrongful Life" Pregnancy

[Jess]

This sounds more like wrongful birth then wrongful life suit. They are probably trying to recover for both But I would have to read the complaint to know. they are two different things legally speaking lthough they may be trying to sue for both just not a good wrongful life case.

Wrongful birth is where you sue for having to give birth. You recover for the mothers damages from being pregnant. The recovery isn't about the child. The medical bills. Some money for the pain and suffering of labor. If she needed special nursing care or was on bed rest she could get that covered. It is money that would go to the mother for her damages. It is based on where the medical provider is at fault for you falling pregnant. It sounds like they have a good case for this if she wasn't given the shot

Wrongful life suits are suing on behalf of the child for there damages from being alive. It's saying child shouldn't have been born. They are rally successful because jury's don't like saying the child should have been born. The suit wants money to cover th costs that are greater then they would be if the child didn't have a disability. The few I know of that have been successful are normally where the medical lied about amniocentesis test results to prevent an abortion or misread the results. My understanding is many states have statutes that ban these types of suits altogether.

Even though the child in this case has a disability it isn't legally speaking wrongful life because the mother wasn't mislead about the child's diagnosis. I ca see why the lawyers might want to make the argument since there is more money for them if they win and as a tactic should help the case settle for more, but I doubt it will work. The appeals court would probably overturn it if it got that far.

To sum up wrongful birth yes wrongful life no and there is a legal difference.