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Bringing a Wrongful Life Lawsuit in California

Penal Code 239 PC Aggravated Sexual Assault of Child

A wrongful life lawsuit is a legal action asserted by a person who was born with a genetic impairment or disability.
California is among the few states which permit a wrongful life lawsuit.

In California law, a wrongful life claim is analyzed within the context of a professional malpractice action and there are 5 elements in a professional malpractice cause of action:

  • Duty
  • Breach of that duty
  • Proximate cause
  • Legally cognizable injury
  • Damages

What Elements Must the Plaintiff Prove in a “Wrongful Life” Lawsuit?

The plaintiff must be able to prove the following elements in case he claims that the defendant was negligent because failed to inform him of the risk that his child would be born genetically or impaired disabled.

  • Defendant negligently failed to diagnose/warn the child’s parents of the risk that the child would be born with a genetic impairment/disability
  • Defendant negligently failed to perform appropriate tests/advise to the child parents that would more likely than not have disclosed the risk that the child plaintiff would be born with a genetic impairment/disability
  • The child was born with a genetic impairment/disability
  • In case the child’s parents had known of the risk of genetic they would not have carried the fetus to term
  • Defendant’s negligence was a substantial factor in the child’s birth

Against Whom the Plaintiff Can Fill The Wrongful Life Lawsuit?

Wrongful life lawsuits can be filed against:

  • Doctors
  • Hospitals
  • Clinics
  • Serm banks, and
  • Mental health institutions.

What Damages Can The Plaintiff Recover in a Wrongful Life/Wrongful Birth Lawsuit?

Some common damages a plaintiff can recover in a wrongful life/wrongful birth lawsuit include the following:

  • Medical expenses;
  • Costs of specialized care for the child;
  • Special equipment the child needs;
  • Home modifications for the child’s impairment/disability; and/or
  • Costs of the specialized educational needs

Glendale Personal Injury Lawyer

If you or a loved one seeks to pursue a wrongful life lawsuit, we invite you to  contact our Glendale personal injury lawyer today for a free consultation and case review.

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