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 Oregon, wrongful pregnancy, also known as wrongful conception, is a recognized cause of action. This type of lawsuit is typically brought by parents who have an unplanned, unexpected, 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 in performing an abortion, mistakes related to birth control devices or prescriptions, or the failure of contraception such as pills or condoms. Oregon 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 scope of recoverable damages can be complex and may be subject to limitations, so it is advisable for individuals considering such a claim to consult with an attorney to understand their rights and the potential outcomes of their case under Oregon law.