A. Definition

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

A. Definition¹

Wrongful birth is an action by a parent brought against a physician for failure to inform the parents of the increased possibility of birth defects in the child.² A related action is wrongful life, an action brought by the child for the same failure.³ The South Carolina Supreme Court has specifically declined to recognize a common law cause of action for wrongful life brought by or on behalf of a child with a congenital defect.⁴

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Notes:

^[1]See generally, Haqq, Reconsidering Wrongful Birth, 95 Notre Dame L. Rev. Online 177 (2019); Hermanson, The Right Recovery for Wrongful Birth, 67 Drake L. Rev. 513 (2019); Billauer, The Sperminator as a Public Nuisance: Redressing Wrongful Life and Birth Claims in New Ways (A.K.A. New Tricks For Old Torts), 42 U. Ark. Little Rock L. Rev. 1 (2019); Perry, "It's A Wonderful Life," 93 Cornell L. Rev. 329 (2008); Hensel, The Disabling Impact of Wrongful Birth and Wrongful Life Actions, 40 Harv. C.R.-C.L. L. Rev. 141 (2005). There is also an action called "wrongful pregnancy" that is brought by a parent of a healthy but unplanned child, seeking damages for alleged negligence in performing a sterilization procedure or abortion or in dispensing or manufacturing a contraceptive prescription or device. Willis v. Wu, 362 S.C. 146, 153, 607 S.E.2d 63, 66 (S.C. 2004). See also Provencio v. Wenrich, 150 N.M. 457, 261 P.3d...