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 Texas, wrongful pregnancy actions, also known as wrongful conception or wrongful birth claims, 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. Texas law allows parents to seek compensation for the medical costs associated with the failed procedure and the pregnancy itself, but recovery for the costs of raising a child is generally not permitted. The Texas Supreme Court has held that while parents can recover for the pain and suffering of pregnancy and childbirth, they cannot recover for the expenses of raising a healthy but unplanned child. It is important for individuals considering such a claim to consult with an attorney to understand the nuances of the law and the potential for recovery based on the specifics of their case.
