Parent and Child

A child is entitled to start a WRONGFUL DEATH action against anyone who causes the death of his parent. Parents may also sue for the wrongful death of children, although at times their economic value to the family is arguable. Parents may recover, however, for the loss of companionship or for their mental pain and suffering upon the loss of the child.

Some state laws prevent parents from recovering for the death of an adult child who is either financially independent or married. Ordinarily the parent who brings suit for wrongful death must be a legal parent, whether natural or adoptive. A parent who has neglected or failed to support a child generally cannot sue for wrongful death.

WRONGFUL LIFE cases arise when parents object to the birth of an unwanted or unplanned child. Cases have involved faulty sterilization, failure to diagnose a pregnancy, or, in the case of a pharmacist, dispensing the wrong birth control pills. In a majority of states, the courts refuse to entertain such suits, partly on grounds of public policy and partly on the theory that the benefit of having and keeping the child outweighs any damage. Other courts have allowed recovery, some holding that the probable enjoyment the child will bring must be offset by the cost of having and raising the child. Compensation for the cost of pregnancy and the pain and suffering of pregnancy and childbirth has been upheld.