You've Heard of a Wrongful Death Lawsuit But a Wrongful Life Lawsuit?

We've posted hundreds of times on wrongful death cases, but a wrongful life case? I can't remember another before this one.

Javier Sanchez and Samantha Hernandez are suing Long Beach Memorial Medical Center for wrongful life and wrongful birth, alleging the actions of a doctor overseeing the woman's prenatal care denied them the choice of having an abortion.

The couple's son, Justin James Sanchez, was born on Sept. 6, 2014, and he later tested positive for cystic fibrosis.

The lawsuit filed Thursday in Los Angeles Superior Court on behalf of the couple and their son states that the mother specifically asked her OB/GYN during her pregnancy to test for genetic disorders because she and Sanchez could not afford to raise a child with congenital conditions. “Further, (Hernandez) specifically requested cystic fibrosis carrier screening in writing,” the complaint alleges.

The hospital, Memorial Health Services, Dr. James P. Cardin Jr. and Quest Diagnostics Clinical Laboratories are all named in the suit that seeks unspecified damages. If an amount is ever specified expect a bundle: The couple claims they will incur significant medical expenses for Justin's lifelong care.

Hernandez, who began receiving care from Cardin in November 2013, had a blood specimen drawn, but the doctor “failed to obtain the screening results from the laboratory and/or failed to advise Samantha and Javier of the results of the screening, which would have revealed she was a carrier of the genetic mutation which causes CF and would have prompted CF testing of the fetus,” the suit states. 

Quest is alleged to have failed to test the specimen and give the results to Cardin, while the hospital/health system is accused of improper oversight.

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