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 Virginia, wrongful pregnancy actions are recognized under the law. These claims typically arise when a sterilization procedure is performed negligently, leading to an unplanned pregnancy. Virginia courts have allowed parents to seek damages for the costs associated with the failed sterilization procedure, the pregnancy, and the childbirth. However, recovery for rearing the child is generally not permitted, as Virginia does not recognize the costs of raising a child as a compensable damage in wrongful pregnancy cases. The rationale is that the benefits of a healthy child cannot be outweighed by the associated costs. It is important for individuals considering such a claim to consult with an attorney to understand the nuances of the law and the potential for recovery in their specific case.