A wrongful conception claim is brought by parents for the negligently caused birth of a healthy child. Usually, parents can recover damages that are directly associated with the pregnancy and the birth, including medical expenses and sometimes emotional distress damages. However, most courts refuse to allow parents to recover the cost of raising the child to majority (age 18).
Parents can bring a wrongful birth claim over a negligently caused birth of an unhealthy child. This commonly occurs when a doctor fails to inform parents of a potential birth defect. Most courts have allowed parents to recover the extraordinary expenses associated with the birth defect.
In a wrongful life action, a child born with a birth defect claims that his birth was wrongful. Most jurisdictions refuse to recognize such a claim, in large part due to the difficulty of calculating damages. A few courts, however, have allowed some recovery for extraordinary expenses associated with the impairment, but no jurisdiction allows the child to recover for pain and suffering.
Pursuing a wrongful conception, birth or life claim can be very difficult. An experienced personal injury lawyer knows how your state handles these kinds of claims. A personal injury attorney can also help you develop your case and represent you in court.