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 Montana, 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. The negligence might involve improperly performed sterilization procedures, failure to diagnose a pregnancy, errors related to contraception methods such as IUD insertion or removal, or incorrect prescription of birth control pills. Montana law allows parents to potentially recover damages for the costs associated with the failed sterilization or contraception procedure, the pregnancy, childbirth, and sometimes the costs of raising the child. However, the specifics of what damages are recoverable can vary, and the recognition of these claims can be subject to limitations and conditions based on case law and statutory provisions. Parents considering such a claim should consult with an attorney to understand the current legal landscape and the potential for recovery in their particular circumstances.