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 Florida, wrongful pregnancy actions are recognized and can be brought against medical providers for negligence that results in an unplanned or unwanted pregnancy. These claims typically arise from situations where a sterilization procedure was performed improperly, leading to an unexpected conception. Additionally, claims may be based on the failure to diagnose a pregnancy in time for a legal abortion, errors related to the insertion or removal of intrauterine devices (IUDs), mistakes in prescribing or dispensing birth control, or the failure of a contraceptive method such as pills or condoms. Florida law allows parents to seek damages for the costs associated with the pregnancy and the birth, but generally does not allow for the recovery of damages related to raising the child. It is important for individuals considering such a claim to consult with an attorney to understand the specific legal requirements and potential limitations of a wrongful pregnancy action in Florida.