Wrongful Birth Claims

Personal Injury

California Wrongful Birth Law

A wrongful birth claim arises when medical professionals fail to inform parents of a fetus’s genetic defects or serious medical conditions—information that would have allowed the parents to make an informed decision about whether to continue the pregnancy. At The Law Offices of Farris Ain, we handle these sensitive cases with the compassion families deserve while pursuing the compensation needed to provide for their child’s lifetime of care.

Wrongful Birth vs. Wrongful Life

California law recognizes an important distinction between these two related but separate claims:

Wrongful Birth (Parents’ Claim)

A wrongful birth claim is brought by the parents. It alleges that due to a healthcare provider’s negligence—such as failing to perform or properly interpret prenatal genetic testing—the parents were denied information that would have allowed them to make an informed reproductive decision. The parents claim that had they known of the child’s condition, they would have chosen not to conceive or to terminate the pregnancy.

Wrongful Life (Child’s Claim)

A wrongful life claim is brought on behalf of the child, alleging that but for the provider’s negligence, the child would not have been born. California courts have largely rejected wrongful life claims on public policy grounds, holding that it is impossible to calculate damages by comparing life with a disability to non-existence. However, California remains one of the few states that has recognized a limited form of wrongful life claim for extraordinary medical expenses.

The Turpin v. Sortini Framework

The landmark California Supreme Court decision in Turpin v. Sortini (1982) 31 Cal.3d 220 established the legal framework for wrongful birth and wrongful life claims in California. In Turpin, the court:

• Recognized wrongful birth claims by parents, allowing recovery for the extraordinary costs of raising a child with disabilities beyond what would be expected for a healthy child
• Partially recognized wrongful life claims by the child, but limited recovery to extraordinary medical and care expenses—rejecting general damages for pain and suffering or emotional distress on behalf of the child
• Rejected the argument that these claims are inherently immoral, holding that parents have a right to make informed reproductive decisions

Common Bases for Wrongful Birth Claims

Wrongful birth claims typically arise from failures during the prenatal care process:

Failure to Offer Genetic Testing

Healthcare providers have a duty to inform patients of available genetic screening tests, particularly when risk factors are present. This includes failing to recommend amniocentesis, chorionic villus sampling (CVS), or non-invasive prenatal testing (NIPT) to patients with advanced maternal age, family history of genetic conditions, or other risk factors.

Negligent Interpretation of Test Results

Even when testing is performed, laboratory errors or misinterpretation of results can lead to false negatives, causing parents to believe their child is healthy when a serious condition exists. Common missed conditions include Down syndrome, Tay-Sachs disease, cystic fibrosis, and neural tube defects such as spina bifida.

Genetic Counseling Failures

Genetic counselors who fail to properly communicate risks, misinterpret family medical histories, or fail to recommend appropriate follow-up testing may be liable when parents are denied critical information about their child’s genetic health.

Failure to Diagnose Fetal Conditions via Ultrasound

Radiologists and OB-GYNs who fail to identify visible structural abnormalities during routine ultrasound examinations—such as heart defects, limb abnormalities, or brain abnormalities—may be liable for wrongful birth when the missed diagnosis deprived parents of informed decision-making.

Proving a Wrongful Birth Claim

To establish a wrongful birth claim in California, the plaintiff must prove:

• Duty: The healthcare provider had a duty to inform the parents of available testing or to properly interpret and communicate test results
• Breach: The provider failed to meet the applicable standard of care in prenatal testing, diagnosis, or counseling
• Causation: Had the parents received accurate information, they would have made a different reproductive decision
• Damages: The parents have incurred or will incur extraordinary costs as a result of the child’s condition

As with all medical malpractice cases, expert testimony is required to establish the standard of care and demonstrate how the provider deviated from it. The case must also comply with California’s 90-day pre-suit notice requirement under CCP § 364.

Available Damages

Damages in wrongful birth cases focus on the extraordinary costs of raising a child with disabilities, including:

• Lifetime medical and surgical expenses beyond those for a typical child
• Special education and therapy costs (physical, occupational, speech)
• Adaptive equipment, home modifications, and assistive technology
• In-home nursing care and attendant care
• Parents’ emotional distress
• Loss of consortium between spouses

Because MICRA applies to wrongful birth claims as a form of medical malpractice, non-economic damages are subject to the caps established under AB 35. However, the economic damages—which often represent the largest component in these cases—are uncapped.

Statute of Limitations

The medical malpractice statute of limitations under CCP § 340.5 applies: three years from the date of injury or one year from the date of discovery, whichever comes first. Given that wrongful birth injuries are often not discovered until after birth or even later, the discovery rule is particularly important in these cases.

“These cases are deeply personal. Families deserve both compassion and aggressive advocacy to secure the resources their child will need for a lifetime of care.”