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 Indiana, wrongful pregnancy actions are recognized and can be brought against medical providers for negligence that results in an unplanned or unwanted pregnancy. This type of lawsuit typically arises when a sterilization procedure, such as a vasectomy or tubal ligation, is performed improperly, leading to an unexpected conception. Additionally, claims may be based on the failure to properly diagnose a pregnancy, errors in performing an abortion, mistakes related to the insertion or removal of intrauterine devices (IUDs), or errors in prescribing or dispensing birth control medications. Indiana law allows for the recovery of damages in wrongful pregnancy cases, which may include the costs of the failed sterilization procedure, the costs associated with the pregnancy, childbirth, and rearing the child, as well as for emotional distress. However, the recovery may be limited and not include all potential damages, such as the full costs of raising a child to the age of majority. It is important for individuals considering such a claim to consult with an attorney to understand the specific legal standards and potential recoveries in Indiana.