In general, a wrongful pregnancy action is a lawsuit brought by the parents of a healthy but unexpected, unplanned, or unwanted child, against a medical provider for negligence leading to conception or pregnancy.

The claim usually arises after a negligently performed sterilization procedure. Such claims have also been predicated on the failure to properly diagnose a pregnancy or perform an abortion; negligence in the insertion or removal of an intrauterine birth-control device, or in dispensing contraception prescriptions; or the failure of a contraceptive pill or a condom.

Laws vary from state to state and not all states recognize a wrongful pregnancy claim or cause of action.

In Delaware, wrongful pregnancy, also known as wrongful conception, is a recognized cause of action. This type of lawsuit is typically brought by parents who have an unplanned, unexpected, or unwanted child due to the alleged negligence of a medical provider. The negligence might involve a failed sterilization procedure, such as a vasectomy or tubal ligation, or other contraceptive failures attributable to a healthcare provider's actions or inactions. The claim may also arise from a provider's failure to properly diagnose a pregnancy, perform an abortion, insert or remove an intrauterine device, or correctly prescribe or administer birth control. In a wrongful pregnancy case, the parents may seek damages for the costs associated with the pregnancy and the birth of the child, as well as the emotional distress caused by the unplanned parenthood. However, the availability of damages and the specific elements required to prove such a claim can be complex and vary based on the circumstances of the case and the applicable state law. An attorney specializing in medical malpractice or personal injury law in Delaware would be able to provide specific guidance on the matter.