In a wrongful life claim the party making a claim alleges that a child was born with defects but the pregnancy would have been terminated but for the failure of medical providers to warn of foreseeable defects.
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 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]
[1] The other states that recognize a claim for wrongful life include California and New Jersey. See Turpin v. Sortini, 643 P.2d 954 (1982); Procanik v. Cillo, 478 A.2d 755 (1984).
[2] Harbeson v. Parke-Davis, Inc., 98 Wn.2d 460, 656 P.2d 483 (1983).