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 Delaware, wrongful pregnancy actions are recognized and can be brought against medical providers for negligence that results in an unplanned or unwanted pregnancy. This type of legal action typically arises when a sterilization procedure, such as a vasectomy or tubal ligation, is performed improperly, leading to an unexpected conception. Additionally, claims may be based on the failure to correctly diagnose a pregnancy, errors in performing an abortion, mistakes related to the insertion or removal of intrauterine devices (IUDs), the incorrect dispensing of birth control prescriptions, or the failure of contraceptives like pills or condoms. The damages that may be recovered in a wrongful pregnancy case in Delaware can include the costs of the failed medical procedure, the costs associated with the pregnancy, childbirth, and rearing the child, as well as for emotional distress. However, the specifics of what damages are recoverable can vary and are subject to the interpretation of the courts. An attorney specializing in medical malpractice or personal injury law in Delaware would be able to provide more detailed information on the potential for litigation in such cases.