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 Indiana, wrongful pregnancy, also known as wrongful conception, is a recognized cause of action. This type of lawsuit typically arises when a sterilization procedure fails due to medical negligence, leading to an unplanned pregnancy. Indiana law allows parents to seek compensation for the costs associated with the failed procedure, the pregnancy, the childbirth, and sometimes the costs of raising the child, although recovery for child-rearing costs may be limited. The claim is based on the premise that the medical provider failed to perform their medical duties competently, resulting in an unplanned pregnancy. It is important for individuals considering such a claim to consult with an attorney who is knowledgeable in Indiana's medical malpractice laws to understand the specific requirements and limitations of filing a wrongful pregnancy lawsuit in the state.