How To Prove A California Wrongful Life Claim

In California, a claim of Wrongful Life is defined as:
Wrongful life is a type of medical malpractice claim against a physician or health care provider for failing to perform tests or provide advice that would have informed parents about a disabling genetic condition that would have caused the parents to terminate pregnancy or avoid pregnancy.
It simply means:
A doctor did not warn parents about genetic problem that caused a baby to be born disabled or impaired.
There are 4 elements of the claim:
- Element 1. The defendant negligently failed to diagnose or warn plaintiff’s parents of the risk that plaintiff would be born with a genetic disability or impairment or, the defendant negligently failed to perform appropriate tests or advise parents of tests that would more likely than not have disclosed the risk. The defendant did not properly check or inform the plaintiff’s parents about the chances of their child being born with a genetic disability, which means they failed to take the necessary steps that could have revealed this risk before the child was born.
Facts that might support this element look like:
* The defendant failed to conduct standard genetic testing during the prenatal care, which would have identified the risk of the genetic disability.
* The defendant did not inform the plaintiff’s parents about the availability of non-invasive prenatal testing that could have revealed potential genetic impairments.
* The defendant neglected to review the family medical history, which indicated a known risk of genetic disorders that warranted further testing.
* The defendant’s office did not provide adequate counseling regarding the implications of genetic testing, leaving the parents unaware of their options.
* The defendant’s failure to refer the plaintiff’s parents to a genetic specialist resulted in a missed opportunity for early diagnosis and informed decision-making. - Element 2. The plaintiff was born with a genetic disability. The plaintiff is a person who was born with a genetic condition that affects their health and quality of life, and they are claiming that this situation could have been avoided if proper medical advice had been given to their parents before conception.
Facts that might support this element look like:
* The plaintiff was diagnosed with a genetic disability at birth, confirmed by medical records.
* Genetic testing conducted shortly after birth revealed the presence of a hereditary condition.
* The plaintiff’s parents were informed by healthcare professionals that the disability was congenital.
* Family medical history indicated a pattern of genetic disabilities, supporting the plaintiff’s condition.
* The plaintiff has received ongoing medical treatment since birth for the diagnosed genetic disability. - Element 3. If the plaintiff’s parents had known of the risk of the disability, his or her mother would not have conceived. If the parents had been aware of the potential risks that could lead to their child’s disability, they would have chosen not to have the child, which is a key point in a Wrongful Life Claim.
Facts that might support this element look like:
* The plaintiff’s mother had a history of genetic conditions that could lead to serious disabilities in offspring.
* Prior to conception, the plaintiff’s parents consulted with a genetic counselor who advised them about potential risks.
* The plaintiff’s mother expressed a strong desire to avoid having children with disabilities during discussions with her healthcare provider.
* The plaintiff’s parents had previously made decisions about family planning based on their understanding of genetic risks.
* If informed of the disability risk, the plaintiff’s mother would have chosen to use contraception or pursue alternative family planning methods. - Element 4. The defendant’s negligence was a substantial factor in causing plaintiff’s parents to have to pay extraordinary expenses for plaintiff. The defendant’s careless actions significantly contributed to the financial burden on the plaintiff’s parents, forcing them to cover unusually high costs related to the plaintiff’s life, which they would not have faced if not for the defendant’s negligence.
Facts that might support this element look like:
* The defendant failed to provide adequate prenatal care, leading to complications that could have been prevented.
* The defendant did not inform the plaintiff’s parents of the risks associated with the pregnancy, resulting in unexpected medical expenses.
* The defendant’s negligence in performing genetic testing caused the plaintiff’s parents to incur significant costs for specialized care.
* The defendant’s misdiagnosis of the plaintiff’s condition led to unnecessary medical procedures and financial burdens for the family.
* The defendant’s lack of proper counseling regarding the plaintiff’s health condition resulted in unforeseen expenses for the parents.
(See California Civil Jury Instructions (CACI), No. 513.)
If you’re in court without a lawyer and plan to assert a Claim of Wrongful Life, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical 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. Equip yourself with the tools and knowledge to navigate this complex legal landscape effectively.
Prove Your CA Wrongful Life Claim
U.S. Civil Cases Only