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 Ohio, wrongful pregnancy actions are recognized and can be brought by parents against medical providers for negligence that results in an unplanned or unwanted pregnancy. These claims typically arise from a negligently performed sterilization procedure, but can also be based on other forms of negligence such as the failure to properly diagnose a pregnancy, perform an abortion, insert or remove an intrauterine device, or correctly dispense contraception prescriptions. Ohio law allows for the recovery of damages in wrongful pregnancy cases, which may include the costs of the failed sterilization, the pregnancy, childbirth, and sometimes the costs of raising the child, although this last category of damages can be more contentious and varies in its acceptance by the courts. It is important for individuals considering such a claim to consult with an attorney to understand the specific nuances and limitations of wrongful pregnancy litigation in Ohio.