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 Tennessee, wrongful pregnancy actions, also known as wrongful conception lawsuits, are recognized to some extent. These claims are typically brought by parents against healthcare providers for negligence that resulted in an unplanned or unwanted pregnancy. This could be due to a failed sterilization procedure, such as a vasectomy or tubal ligation, or other contraceptive failures attributable to the healthcare provider's actions. Tennessee law allows for the recovery of damages in such cases, which may include the costs of the unsuccessful sterilization procedure, the costs associated with the pregnancy, the delivery, and in some cases, the costs of raising the child. However, the damages recoverable can be limited, and the specifics of the law can be complex, often requiring the expertise of an attorney to navigate the legal process and to understand the full extent of potential recovery.