How To Prove A California Wrongful Birth Claim

In California, a claim of Wrongful Birth is defined as:
Wrongful birth is a medical malpractice claim brought by the parents of a child born with birth defects, alleging that negligent treatment or advice deprived them of the opportunity to avoid conception or terminate the pregnancy.
It simply means:
A parent can sue for medical malpractice when a child is born with a birth defect and they were not so informed.
There are 4 elements of the claim:
- Element 1. The defendant negligently failed to diagnose or warn the plaintiff of the risk that a child would be born with a genetic impairment or disability. The defendant did not properly identify or inform the plaintiff about the possibility that their child could be born with a genetic condition, which is a key part of a wrongful birth claim.
Facts that might support this element look like:
* The defendant failed to conduct appropriate genetic testing despite the plaintiff’s family history of genetic disorders.
* The defendant did not inform the plaintiff of the potential risks associated with the pregnancy, including the possibility of genetic impairments.
* The defendant neglected to refer the plaintiff to a genetic counselor for further evaluation and risk assessment.
* The defendant’s medical records indicate a lack of documentation regarding discussions about genetic risks with the plaintiff.
* The defendant’s standard of care required a thorough assessment of the plaintiff’s medical history, which was not performed. - Element 2. A child was born with a genetic impairment or disability. A wrongful birth claim can arise when parents argue that they would have chosen to avoid having a child if they had known about a genetic impairment or disability, suggesting that they were not properly informed about the risks during pregnancy or genetic testing.
Facts that might support this element look like:
* The child was diagnosed with a genetic impairment shortly after birth, confirmed by genetic testing.
* Medical records indicate that the parents were not informed of potential genetic risks during prenatal care.
* The child exhibits developmental delays consistent with the identified genetic condition.
* Family history of genetic disorders was not disclosed to the parents during the pregnancy.
* The healthcare provider failed to recommend genetic counseling despite known risk factors. - Element 3. If the plaintiff had known of the genetic impairment or disability, the mother would not have conceived the child or would not have carried the fetus to term. If the parents had been aware of a serious genetic issue before conception, they would have chosen not to have the child or would have decided to end the pregnancy before it reached full term.
Facts that might support this element look like:
* The mother was informed by her healthcare provider that there was a significant risk of genetic impairment based on her family medical history.
* Genetic testing revealed a high probability of a serious genetic condition, which the mother was unaware of prior to conception.
* The mother stated in her deposition that she would have chosen to terminate the pregnancy had she known about the genetic risks involved.
* The mother had previously expressed a desire to avoid having children with genetic disabilities, emphasizing her commitment to family planning.
* Medical records indicate that the mother was not provided with adequate information about genetic testing options before conceiving. - Element 4. The defendant’s negligence was a substantial factor in causing the plaintiff to have to pay extraordinary expenses to care for the child. The defendant’s carelessness played a major role in causing the plaintiff to incur high costs for raising a child, which they believe should not have happened if proper actions had been taken.
Facts that might support this element look like:
* The defendant failed to provide adequate prenatal care, leading to complications that required extensive medical intervention after the child’s birth.
* Due to the defendant’s negligence, the plaintiff was not informed of critical genetic risks, resulting in unexpected medical expenses for the child’s special needs.
* The defendant’s improper counseling about contraceptive options directly contributed to the plaintiff’s unplanned pregnancy and subsequent financial burden.
* The plaintiff incurred significant costs for specialized therapies and treatments that arose from the defendant’s failure to diagnose a serious condition during pregnancy.
* The defendant’s lack of timely and accurate information about the child’s health condition forced the plaintiff to seek emergency medical care, leading to extraordinary expenses.
(See California Civil Jury Instructions (CACI), No. 512.)
If you’re in court without a lawyer and plan to assert a Claim of Wrongful Birth, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our platform can guide you through this complex process, ensuring you are well-prepared to advocate for your rights.
Prove Your CA Wrongful Birth Claim
U.S. Civil Cases Only