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 South Carolina, wrongful pregnancy actions, also known as wrongful conception or wrongful birth actions, are recognized to some extent. These claims typically arise when a medical provider's negligence results in an unplanned pregnancy, often following a failed sterilization procedure or other contraceptive failures. South Carolina courts have addressed wrongful pregnancy claims, acknowledging the right of parents to seek damages for the costs associated with the pregnancy and the birth of a healthy child. However, recovery in such cases may be limited to certain types of damages, such as the costs of the failed sterilization, the pregnancy, childbirth, and sometimes the costs of re-sterilization. Damages for rearing the child are generally not recoverable in South Carolina, as the state's courts have found that the benefits of a healthy child outweigh the costs of raising them. It is important for individuals considering such a claim to consult with an attorney to understand the specific nuances of South Carolina law and how it may apply to their situation.