Wrongful Birth Law and Legal Definition
Wrongful birth is a medical malpractice claim brought by the parents of a child born with birth defects, alleging that negligent treatment or advice deprived them of the opportunity to avoid conception or terminate the pregnancy. It is a mother's claim in tort. The mother takes a stand that she wouldn’t have given birth to child with deformity if the doctor had informed about the genetical disorder of the child in the earlier stage of testing. Negligence of the doctor was the reason for the birth of a child with genetical disorder. The mother can claim for the defendant's negligence in testing or counseling. The cause of action for the claim of wrongful birth arises from the post-conception interference by the tortfeasor with the mother's lawful right to terminate the pregnancy that involved genetical defects.
