Legal Definitions - wrongful-pregnancy action

A wrongful-pregnancy action is a legal claim brought by parents seeking compensation for damages resulting from an unintended pregnancy. This type of lawsuit typically arises when a medical procedure intended to prevent conception, such as a sterilization surgery (like a vasectomy or tubal ligation), fails due to alleged negligence by the healthcare provider, leading to an unexpected pregnancy and the subsequent costs associated with raising a child.

• Example 1: Failed Vasectomy
  After having two children, John and Lisa decided they did not want to expand their family further. John underwent a vasectomy, and his surgeon confirmed the procedure was successful after a follow-up semen analysis. Trusting this medical assurance, they stopped using other forms of contraception. Several months later, Lisa discovered she was pregnant. Subsequent medical investigation revealed that John's vasectomy had not been performed correctly, or the follow-up test results were misinterpreted, allowing for conception. John and Lisa could potentially file a wrongful-pregnancy action against the surgeon or clinic to recover the financial costs associated with the unexpected pregnancy, childbirth, and raising their third child.

• Example 2: Ineffective Tubal Ligation
  Maria, a mother of three, chose to have a tubal ligation (often referred to as "getting her tubes tied") to permanently prevent future pregnancies. The surgery was performed, and she was discharged with instructions. A year later, Maria experienced symptoms of pregnancy, and a test confirmed she was expecting. A review of her medical records and a subsequent examination indicated that the tubal ligation was either incomplete or improperly performed, allowing an egg to be fertilized. Maria might pursue a wrongful-pregnancy action to seek damages for the unexpected financial burden of raising another child, as well as the emotional distress and physical changes associated with an unplanned pregnancy and birth.

• Example 3: Insufficient Post-Procedure Guidance
  David and Emily decided Emily would undergo a hysteroscopic sterilization procedure, which involves placing coils into the fallopian tubes. The procedure was performed, and Emily was given post-operative instructions. However, the medical team allegedly failed to adequately inform her about the critical necessity of a follow-up imaging test several weeks later to confirm the coils had properly blocked her fallopian tubes, or they provided incorrect information about when it would be safe to discontinue other birth control methods. Believing she was sterile, Emily became pregnant. In this scenario, David and Emily could initiate a wrongful-pregnancy action, arguing that the medical provider's negligence in providing complete and accurate post-operative guidance directly led to the unintended pregnancy and its associated costs.