Legal Definitions - wrongful-birth action

A wrongful-birth action is a type of lawsuit that parents can bring against a doctor or healthcare provider for not informing them about the risks of having a child with birth defects. In this type of case, the parents claim that they would have chosen not to have the child if they had been properly informed about the risks beforehand.

• A couple goes to a doctor for genetic testing before trying to conceive. The doctor fails to inform them that they are carriers for a genetic disorder that has a high chance of being passed on to their children. The couple has a child with the disorder and brings a wrongful-birth action against the doctor.
• A woman is pregnant and has an ultrasound that shows her baby has a serious heart defect. The doctor tells her that everything looks fine and does not inform her of the potential risks. The baby is born with the heart defect and the parents bring a wrongful-birth action against the doctor.

These examples illustrate how a doctor's failure to inform parents about potential risks can lead to a wrongful-birth action. In both cases, the parents claim that they would have made a different decision if they had been properly informed about the risks beforehand.