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 Massachusetts, 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 such as failed sterilization procedures, misdiagnosis of pregnancy, improper performance of an abortion, errors related to intrauterine devices (IUDs), or mistakes in prescribing or dispensing birth control. Massachusetts courts have allowed recovery of damages in wrongful pregnancy cases, which may include the costs of the failed medical procedure, the costs associated with the pregnancy, childbirth, and sometimes the costs of raising the child. However, the scope of recoverable damages can be complex and may vary based on the specifics of the case and evolving case law. It is important for individuals considering such a claim to consult with an attorney who is knowledgeable in this area of law to understand their rights and the potential outcomes of their case.