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Posted over 2 years ago. Applies to Illinois, 0 helpful votes, 0 comments
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What is "wrongful birth"?When you sue a doctor/hospital/genetic counselor for wrongful birth, you are arguing that they were negligent in failing to diagnose or warn you of your child's genetic or congenital condition. These cases are controversial because you also are arguing that if you had been made aware of the child's condition, you would have chosen to terminate the pregnancy. The parents are seeking compensation for the expense of caring for their disabled child. 2
Proving negligenceYou not only have to show that you were unaware of the genetic or congenital condition, but you have to show that the defendant was negligent in failing to diagnose it or notify you. For example, you might argue that the technician should have noticed an abnormality during an ultrasound. 3
Proving causationYou have to prove that the negligent failure to diagnose the child's condition caused them to be born. In other words, had the genetic counselor warned you about the genetic condition, you would have chosen to terminate the pregnancy. 4
Proving harmThe harm is usually the expense of caring for a disabled child. Relevant expenses may include medical bills, in-home care, education, etc. It is possible to be compensated for the emotional distress of having a disabled child, however it's not typical. In Illinois, parents are allowed to sue for wrongful birth even after the child is no longer a minor. 5
What is "wrongful life"?A wrongful life lawsuit is brought by the child rather than his or her parents. Basically, the child is arguing that they would have been better off had they not been born. These lawsuits are not recognized in Illinois. Additional ResourcesThese cases should only be handled by an attorney with experience in wrongful death litigation. If you need a referral to someone with this experience, give us a call. Related Questions2 Attorney answers: 
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