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 Nebraska, 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 a failed sterilization procedure, but can also stem from other forms of negligence such as the improper diagnosis of pregnancy, failure to perform an abortion correctly, errors related to intrauterine devices, or mistakes in prescribing or dispensing contraception. Nebraska courts have allowed recovery of damages in wrongful pregnancy cases, which may include the costs of the unsuccessful medical procedure, the costs associated with the pregnancy, childbirth, and sometimes the costs of raising the child. However, the extent of recoverable damages can vary, and recent cases or changes in statutes may affect the scope of such claims. It is important for individuals considering such a claim to consult with an attorney to understand the current state of the law and the potential for recovery in their specific case.