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 New Jersey, wrongful pregnancy actions are recognized by the courts. These claims typically arise when a sterilization procedure fails due to medical negligence, leading to an unplanned pregnancy and birth of a healthy child. The parents may sue for damages that can include the costs of the unsuccessful sterilization, the pregnancy, childbirth, and sometimes the costs of raising the child. New Jersey courts have also considered claims based on the failure to diagnose a pregnancy, errors related to abortion procedures, and negligence involving birth control devices or prescriptions. The damages awarded in such cases are meant to compensate for the medical expenses, pain and suffering, loss of wages, and the emotional distress caused by the unplanned pregnancy. However, the extent of recoverable damages can vary, and some claims, such as those for the costs of raising a child, may be limited or not recoverable, depending on the specifics of the case and evolving case law.