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 Colorado, 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, misdiagnosis of a pregnancy, improper performance of an abortion, errors related to intrauterine devices (IUDs), or mistakes in prescribing or dispensing birth control. Colorado courts have allowed recovery of damages in wrongful pregnancy cases, which may include the costs of the failed 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 some claims, such as those for emotional distress or the costs of raising a child to the age of majority, may not be awarded. 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 Colorado.