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 Arizona, wrongful pregnancy, also known as wrongful conception, is a recognized cause of action. This type of lawsuit is typically brought by parents who have an unplanned, unexpected, or unwanted child due to the alleged negligence of a medical provider. The negligence might involve a failed sterilization procedure, such as a vasectomy or tubal ligation, or other contraceptive failures attributable to the healthcare provider, such as improper insertion of an intrauterine device (IUD), incorrect prescription or administration of birth control, or a failed abortion procedure. In Arizona, plaintiffs in a wrongful pregnancy case may seek damages for the costs associated with the failed procedure, the pregnancy, childbirth, and sometimes the costs of raising the child. However, the recoverable damages can be limited, and the specifics of the law can be complex, so it is advisable for individuals considering such a claim to consult with an attorney experienced in medical malpractice and personal injury law in Arizona.