A wrongful life claim is similar to a wrongful birth claim. Both allege that a child was born with defects but the pregnancy would have been terminated but for the failure of medical providers failure to warn of foreseeable defects.

The wrongful birth claim is brought by the parents, whereas the wrongful life claim is the claim of the child.

Most states have refused to recognize the claim of wrongful life. Washington is one of a handful of states that recognize the cause of action.[1]

The Washington Supreme Court based the recognition of the right to bring the wrongful birth and wrongful life claims on the doctrine of informed consent. The informed consent doctrine imposes a duty on a physician to disclose information to a patient about the risks associated with proposed treatment. Failure to impart such information is negligence.[2]

[2] Harbeson v. Parke-Davis, Inc., 98 Wn.2d 460, 656 P.2d 483 (1983).