Wrongful Life
1Elements and Case Citations
“California recognizes an impaired child's right to recover damages for wrongful life. The essence of the action is that if the defendants had performed their jobs properly, the child would not have been born at all. An impaired child may recover special damages for the extraordinary expenses necessary to treat the hereditary ailment from which he or she suffers. Wrongful life is basically one form of a medical malpractice action. As in ordinary medical malpractice actions, the plaintiffs in a wrongful life and wrongful birth case must establish the following basic elements:
- the duty of the professional to use such skill, prudence, and diligence as other members of his or her profession commonly possess and exercise,
- a breach of that duty,
- a proximate causal connection between the negligent conduct and the resulting injury, and
- actual loss or damage resulting from the professional's negligence.
Subscribers To The California Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
Click Here To See A Sample Chapter From The Guide
Subscribe to The California Litigation Guide To Access Everything!