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 Kentucky, wrongful pregnancy actions are not explicitly recognized by statute. However, Kentucky courts have addressed the issue in case law. The Kentucky Supreme Court has allowed parents to recover for the medical expenses of a failed sterilization procedure but has not permitted recovery for the costs of raising a healthy but unplanned child. The rationale is that the benefits of having a healthy child outweigh the economic burdens. Therefore, while Kentucky does not have a specific statute governing wrongful pregnancy, claims may be brought under general negligence principles. Parents may be able to recover for the costs associated with the failed medical procedure and related damages, but not for the costs of raising the child. As with any legal matter, the specifics of each case can affect the outcome, and consulting with an attorney for personalized legal advice is recommended.