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 Oklahoma, wrongful pregnancy actions, also known as wrongful conception lawsuits, are recognized to some extent. These claims are typically brought by parents who have an unplanned or unwanted child due to the alleged negligence of a medical provider. The negligence might involve improperly performed sterilization procedures, failure to diagnose a pregnancy, errors related to contraception prescriptions, or failure in the performance of an abortion. Oklahoma case law has established that while parents may recover for the costs of the failed sterilization procedure and other related medical expenses, they generally cannot recover for the costs associated with raising the child. The rationale is that the benefits of a healthy child cannot be outweighed by the associated costs. However, the specifics of each case can vary, and the recoverable damages may be subject to limitations and the particular facts of the case.