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 Maine, wrongful pregnancy actions, also known as wrongful conception lawsuits, are recognized to some extent. These civil actions are typically brought by parents against healthcare providers when a failed sterilization procedure or other negligent acts lead to an unplanned pregnancy. The parents may seek damages for the costs associated with the pregnancy, childbirth, and sometimes the rearing of the child. However, Maine law does not allow for the recovery of damages related to the emotional distress of raising an unplanned child. It's important to note that the specifics of such cases can be complex, and the outcomes may vary depending on the circumstances and the court's interpretation of the law. Individuals considering such a claim should consult with an attorney to understand their legal rights and the potential for recovery under Maine's current regulations.