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 Mississippi, wrongful pregnancy actions, also known as wrongful conception lawsuits, are not explicitly recognized by statute. However, such cases may be considered under the state's general negligence laws. The parents may file a lawsuit against a medical provider if they can prove that the provider failed to perform a medical procedure, such as sterilization, properly, and that failure led to an unplanned pregnancy. The claimants must demonstrate that the medical provider owed them a duty of care, breached that duty by acting negligently, and that the breach resulted in the pregnancy. Damages in such cases may include the cost of the failed procedure, costs associated with the pregnancy, childbirth, and sometimes the costs of raising the child. However, the recognition of these claims and the availability of certain types of damages can be complex and contentious, and outcomes can vary significantly from case to case. An attorney specializing in medical malpractice or personal injury law in Mississippi would be able to provide specific guidance on the likelihood of success and the potential damages recoverable in a wrongful pregnancy claim.