Wrongful Pregnancy, Wrongful Birth, and Wrongful Life: What are They?
In August of last year, we explained the basics of wrongful death actions in Illinois. However, Illinois law is as concerned with the beginning of life as it is with its end.
Birth-related medical negligence refers to preventable errors that occur before, during, or after pregnancy. These are errors that carry serious emotional and financial consequences for families.
Illinois law acknowledges that such cases deserve legal consideration. Two main causes of action (wrongful pregnancy and wrongful birth) allow families to seek compensation for the hardships they endure. However, Illinois does not recognize a third potential claim, known as wrongful life.
As medical negligence claims, wrongful birth and wrongful pregnancy are generally like other medical malpractice lawsuits, but deal specifically with pregnancy and birth.
Below, we summarize each of the three types of birth-related medical negligence claims (and explain why only two are available in Illinois):
Understanding the Key Types of Birth-Related Medical Negligence
Wrongful Pregnancy
Wrongful pregnancy occurs when a sterilization procedure, such as a tubal ligation or vasectomy, is performed incorrectly, leading to an unplanned pregnancy. In these situations, medical negligence may result in physical pain, emotional distress, and financial strain.
Parents pursuing wrongful pregnancy claims can seek damages for:
- The cost of the failed procedure
- Medical complications from the pregnancy or delivery
- Lost income during recovery
- Pain, suffering, and emotional distress
These cases are about holding negligent healthcare providers accountable for the hardships caused by their actions.
Wrongful Birth
A wrongful birth claim arises when medical professionals fail to detect or disclose fetal impairments or genetic risks that parents should have been informed about. Without accurate medical information, parents are deprived of the ability to make informed choices about their pregnancy.
Families who succeed in these claims may receive compensation for:
- Medical and institutional expenses for the child’s care
- Long-term treatment and therapy
- Educational support and special accommodations
Such cases focus on the loss of choice and the extensive care demands that arise because of negligent prenatal testing or communication.
Why Illinois Rejects Wrongful Life Claims
Unlike wrongful pregnancy or wrongful birth, wrongful life claims are brought by the child, alleging that medical negligence led to their existence with significant impairments. Illinois law does not allow such claims. The state’s Supreme Court has ruled that “human life, no matter how burdened, is, as a matter of law, always preferable to nonlife.”
This legal stance underscores Illinois’s belief in the inherent value of life while still protecting parents’ rights to seek justice when negligence affects their ability to make informed decisions.
The Human Side of Birth-Related Medical Negligence
These lawsuits often carry emotional complexity. Parents might hesitate to pursue legal action because they fear it could seem like they regret their child’s existence.
Filing a birth-related medical negligence claim provides a path toward financial recovery and emotional closure. It helps families manage lifelong medical costs, secure specialized care, and regain stability after an unexpected hardship.
Finding Justice and Support with Costa Ivone
Wrongful pregnancy and wrongful birth claims can seem off-putting to some. For instance, some people may worry that it means they don’t love their newborn child if they file a lawsuit claiming they’ve been injured by the pregnancy or birth in some way.
Such claims aren’t really about the child, whom the parents, of course, love and care for. Rather, birth-related medical negligence lawsuits are about the financial burdens and other difficulties the parents will have to undertake as a result of their doctor’s negligence, just as in any other medical malpractice case.
At Costa Ivone, our experienced personal injury lawyers guide clients through every step of the process, from case evaluation to settlement or trial. Additionally, our workers’ compensation lawyers offer trusted representation for workplace-related injuries or claims tied to employment.
If you believe your doctor’s negligence has caused you to suffer a wrongful pregnancy or wrongful birth, contact the personal injury lawyers of Costa Ivone for a free consultation. We can review your case, help you understand your legal rights, and pursue those rights in and out of court.
