Wrongful life

Wrongful life is the name given to a cause of action in which someone is sued by a severely disabled child (through the child's legal guardian) for failing to prevent the child's birth. Typically, a child and the child's parents will sue a doctor or a hospital for failing to provide information about the disability during the pregnancy, or a genetic disposition before the pregnancy. Had the mother been aware of this information, it is argued, she would have had an abortion, or chosen not to conceive at all.

The term "wrongful life" is also sometimes applied to what are more accurately described as wrongful living claims^[1] alleging that doctors or hospitals failed to follow a patient's end-of-life directive (for example, a MOLST or POLST) and kept the patient alive longer than preferred, thereby causing unnecessary and unwanted suffering.^[2] However, the confusion between the two is understandable and readily explained. Although wrongful life and wrongful living claims arise at opposite ends of the human lifespan, they are related in the sense that both types of claims seek the same relief: a judgment awarding monetary damages for "unwanted life."^[1]

^ ^a ^b Peters Jr., Philip G. (February 1998). "The Illusion of Autonomy at the End of Life: Unconsented Life Support and the Wrongful Life Analogy". UCLA Law Review. 45 (3): 673–731. PMID 11660813. Retrieved 7 March 2021.
^ Span, Paula (2021-01-22). "Filing Suit for 'Wrongful Life' - More Americans are writing end-of-life instructions as the pandemic renders such decisions less abstract. But are medical providers listening?". The New York Times. In an interview four years ago, Mr. Pope noted that nobody at that point had received compensation from any "wrongful life" suit. Since then, several plaintiffs have received hefty payments, and courts have weighed in as well.

[Peters-1] Peters Jr., Philip G. (February 1998). "The Illusion of Autonomy at the End of Life: Unconsented Life Support and the Wrongful Life Analogy". UCLA Law Review. 45 (3): 673–731. PMID 11660813. Retrieved 7 March 2021.

[NYT_1-2] Span, Paula (2021-01-22). "Filing Suit for 'Wrongful Life' - More Americans are writing end-of-life instructions as the pandemic renders such decisions less abstract. But are medical providers listening?". The New York Times. In an interview four years ago, Mr. Pope noted that nobody at that point had received compensation from any "wrongful life" suit. Since then, several plaintiffs have received hefty payments, and courts have weighed in as well.

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