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 Pennsylvania, wrongful pregnancy actions are recognized and can be brought by parents who have an unplanned or unwanted child due to the negligence of a medical provider. These claims typically arise from a failed sterilization procedure, but can also result from other contraceptive failures attributable to medical negligence, such as improper diagnosis of pregnancy, failure to perform an abortion, errors related to intrauterine devices, or mistakes in prescribing or dispensing birth control. Pennsylvania courts have allowed recovery of damages in wrongful pregnancy cases, which may include the costs of the unsuccessful medical procedure, costs associated with the pregnancy, childbirth expenses, and sometimes the costs of raising the child. However, the extent of recoverable damages can vary, and the courts may limit recovery, excluding certain types of damages such as those for raising the child to majority. It is important for individuals considering such a claim to consult with an attorney to understand the specific legal standards and potential damages that apply in Pennsylvania.