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 Missouri, 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 properly diagnose a pregnancy, errors in performing an abortion, mistakes related to the insertion or removal of intrauterine devices, mishandling of contraception prescriptions, or the failure of contraceptives such as pills or condoms. Missouri courts have allowed recovery of damages in wrongful pregnancy cases, which may include the costs of the unsuccessful sterilization procedure, 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 each case and evolving case law.