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 Louisiana, wrongful pregnancy actions, also known as wrongful conception lawsuits, are recognized to some extent. These claims are typically brought by parents who have an unplanned or unwanted child due to the alleged negligence of a medical provider, such as a failed sterilization procedure or a mistake in prescribing or administering birth control. Louisiana courts have addressed wrongful pregnancy claims, acknowledging the right of parents to seek damages for the costs associated with the pregnancy and the birth of a healthy child. However, recovery in such cases may be limited. For instance, damages for the rearing of the child are generally not recoverable, as Louisiana law does not view the birth of a healthy child as a compensable injury. Instead, damages may be limited to the costs of the failed medical procedure, pain and suffering during pregnancy and childbirth, and similar expenses directly related to the negligence. As with any legal matter, the specifics of each case can greatly affect the outcome, and consulting with an attorney who specializes in medical malpractice or personal injury law in Louisiana would be essential for anyone considering such a claim.