Medical Malpractice
Core Doctrines
Wrongful birth claims allege failure to diagnose a fetal condition, negligent genetic counseling, or failed sterilization. Damages typically include extraordinary costs of raising a child with the condition.
Several states bar the claim by statute.
Alternative Names:
Wrongful Birth Claim, Parental Claim
Why it Matters?
Statutory bars exist in a number of states and are the threshold question, since the claim is unavailable entirely where prohibited. Where permitted, damages are usually limited to extraordinary costs attributable to the condition rather than ordinary child-rearing expenses, which substantially constrains exposure. Emotional distress recovery varies and is a separate question from the economic component.
Frequently Confused with
Related terms
Frequently asked questions
Is the claim available everywhere?
What damages are recoverable?
