Wrongful life
Encyclopedia
Wrongful life is the name given to a legal 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 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.
Historically, only parents could sue for their own damages incurred as a result of the birth of a disabled child (e.g., the mother's own pregnancy medical bills and cost of psychiatric treatment for both parents' emotional distress resulting from the realization that their child was disabled). This cause of action is known as wrongful birth
. But the child could not sue for his or her own damages, which were often much more substantial, in terms of the cost of round-the-clock personal care and special education.
In four U.S. state
s, the child is allowed to bring a wrongful life cause of action
for such damages. In a 1982 case involving hereditary deafness
, the Supreme Court of California
was the first state supreme court
to endorse the child's right to sue for wrongful life, but in the same decision, limited the child's recovery to special damages. This rule implies that the child can recover objectively provable economic damages, but cannot recover general damages like subjective "pain and suffering"—that is, monetary compensation for the entire experience of having a disabled life versus having a healthy mind and/or body.
The Supreme Court of California's 1982 decision, in turn, was based on the landmark California Court of Appeal decision in Curlender v. Bio-Science Laboratories (1980). The Curlender decision involved a child who was allegedly born with Tay-Sachs disease
after the parents relied upon the defendants' representations about the reliability of their genetic tests in refraining from proceeding with amniocentesis
.
The most famous passage from the Curlender opinion is as follows:
Curlender was not the first appellate decision to authorize a cause of action for wrongful life—it noted that a 1977 decision of the intermediate appellate court of New York
had taken the same position, and was promptly overruled by the highest court of that state
a year later. However, Curlender stands as the first such appellate decision which was not later overruled.
Most other jurisdictions, including New York
, England
and Ontario
, have refused to allow the wrongful life cause of action. In Germany, the Federal Constitutional Court
declared wrongful life claims unconstitutional arguing that the concept of claiming damages for one's life as such violated the Human Dignity principle in the first article of the German Basic Law
.
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
child (through the child's legal guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
) for failing to prevent the child's birth.
Typically a child and the parents will sue a doctor
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
or a hospital
Hospital
A hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....
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
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, or chosen not to conceive at all.
Historically, only parents could sue for their own damages incurred as a result of the birth of a disabled child (e.g., the mother's own pregnancy medical bills and cost of psychiatric treatment for both parents' emotional distress resulting from the realization that their child was disabled). This cause of action is known as wrongful birth
Wrongful birth
Wrongful birth is a legal cause of action in some common law countries in which the parents of a congenitally diseased child claim that their doctor failed to properly warn of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities...
. But the child could not sue for his or her own damages, which were often much more substantial, in terms of the cost of round-the-clock personal care and special education.
In four U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, the child is allowed to bring a wrongful life cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
for such damages. In a 1982 case involving hereditary deafness
Hearing impairment
-Definition:Deafness is the inability for the ear to interpret certain or all frequencies of sound.-Environmental Situations:Deafness can be caused by environmental situations such as noise, trauma, or other ear defections...
, the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
was the first state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
to endorse the child's right to sue for wrongful life, but in the same decision, limited the child's recovery to special damages. This rule implies that the child can recover objectively provable economic damages, but cannot recover general damages like subjective "pain and suffering"—that is, monetary compensation for the entire experience of having a disabled life versus having a healthy mind and/or body.
The Supreme Court of California's 1982 decision, in turn, was based on the landmark California Court of Appeal decision in Curlender v. Bio-Science Laboratories (1980). The Curlender decision involved a child who was allegedly born with Tay-Sachs disease
Tay-Sachs disease
Tay–Sachs disease is an autosomal recessive genetic disorder...
after the parents relied upon the defendants' representations about the reliability of their genetic tests in refraining from proceeding with amniocentesis
Amniocentesis
Amniocentesis is a medical procedure used in prenatal diagnosis of chromosomal abnormalities and fetal infections, in which a small amount of amniotic fluid, which contains fetal tissues, is sampled from the amnion or amniotic sac surrounding a developing fetus, and the fetal DNA is examined for...
.
The most famous passage from the Curlender opinion is as follows:
Curlender was not the first appellate decision to authorize a cause of action for wrongful life—it noted that a 1977 decision of the intermediate appellate court of New York
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
had taken the same position, and was promptly overruled by the highest court of that state
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
a year later. However, Curlender stands as the first such appellate decision which was not later overruled.
Most other jurisdictions, including New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, have refused to allow the wrongful life cause of action. In Germany, the Federal Constitutional Court
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
declared wrongful life claims unconstitutional arguing that the concept of claiming damages for one's life as such violated the Human Dignity principle in the first article of the German Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
.
External links
- Sydney Morning Herald article from May 2004
- Article on wrongful life in the Cornell Law ReviewCornell Law ReviewThe Cornell Law Review is the flagship legal journal of Cornell Law School. Originally published in 1915 as the Cornell Law Quarterly, the journal features scholarship in all fields of law. Notably, past issues of the Cornell Law Review have included articles by Supreme Court justices Robert H....
.