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 Wyoming, the concept of wrongful pregnancy, also known as wrongful conception, is not explicitly recognized by statute. However, such claims may be considered under the broader umbrella of medical malpractice or negligence. In a medical malpractice case, the parents would need to prove that the medical provider owed a duty of care, breached that duty by acting negligently, and that the breach directly caused the pregnancy. The damages in such cases typically include the costs of the failed contraception procedure, pregnancy, childbirth, and sometimes the costs of raising the child. It is important to note that the recognition of wrongful pregnancy claims and the availability of certain types of damages can be highly variable and may depend on the specific facts of the case as well as evolving case law. Individuals considering such a claim should consult with an attorney to understand the current legal landscape and the potential for recovery in Wyoming.