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 Ohio, wrongful pregnancy actions are recognized and can be brought by parents against medical providers for negligence that results in an unplanned or unwanted pregnancy. This type of legal action 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 diagnose a pregnancy in time for a legal abortion, errors related to intrauterine devices (IUDs), incorrect prescription or administration of birth control, or the failure of a contraceptive method such as a pill or condom due to a healthcare provider's negligence. In such cases, the parents may seek damages for the costs associated with the pregnancy, childbirth, and rearing of the child, although recovery may be limited to the costs directly related to the pregnancy and birth. It's important to note that the specifics of what damages are recoverable can vary, and an attorney with expertise in medical malpractice or personal injury law in Ohio would be able to provide detailed guidance based on the most current state statutes and case law.