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 Alabama, wrongful pregnancy actions, also known as wrongful conception or wrongful birth claims, are not explicitly recognized by statute. However, there have been cases where Alabama courts have addressed the issue. Generally, these claims arise when a medical provider's negligence results in an unplanned pregnancy, often following a failed sterilization procedure or other contraceptive failures. The parents may seek damages for the costs associated with the pregnancy and the birth of a healthy child. It's important to note that the recoverable damages in such cases may be limited, and the courts in Alabama have historically been reluctant to award damages for the costs of raising a healthy child. As with any legal matter, the specifics of each case can greatly affect the outcome, and consulting with an attorney who is knowledgeable in this area of law would be essential for anyone considering such a claim in Alabama.