Define: Wrongful-Conception Action

Wrongful-Conception Action
Wrongful-Conception Action
Quick Summary of Wrongful-Conception Action

A wrongful-conception action, also referred to as a wrongful-pregnancy action, is a legal case initiated by a parent seeking compensation when a pregnancy happens despite a failed sterilization. In such cases, the parent did not plan or desire to become pregnant and had taken precautions to prevent it, but the sterilization procedure was ineffective.

Full Definition Of Wrongful-Conception Action

A wrongful-conception action, also known as a wrongful-pregnancy action, is a lawsuit where a parent sues for damages caused by a pregnancy that occurred despite a failed sterilization procedure or contraceptive method. In such cases, the parent may seek compensation for the expenses related to the pregnancy and childbirth, as well as any emotional distress or loss of income resulting from the unplanned pregnancy. This type of legal action can arise from medical errors or defects in contraceptive products, highlighting the potential consequences and damages faced by parents in these situations.

Wrongful-Conception Action FAQ'S

A wrongful-conception action is a legal claim brought by parents who allege that they would not have conceived or given birth to a child if not for the negligence or wrongful act of another party.

Common situations that can lead to a wrongful-conception action include failed sterilization procedures, incorrect prenatal testing results, or the failure to provide adequate contraception advice or products.

Damages that can be sought in a wrongful-conception action may include medical expenses related to the pregnancy and birth, emotional distress, loss of income, and the cost of raising the child.

Yes, both parents can bring a wrongful-conception action if they can demonstrate that they suffered harm as a result of the wrongful conception.

Yes, a wrongful-conception action can be brought against a healthcare provider if their negligence or wrongful act led to the conception of a child.

Yes, a wrongful-conception action can be brought against a pharmaceutical company if their product, such as a faulty contraceptive, caused the conception of a child.

In some cases, a wrongful-conception action can be brought against a sperm or egg donor if they provided inaccurate information or failed to disclose relevant medical history that led to the conception of a child.

The time limit for filing a wrongful-conception action varies depending on the jurisdiction. It is important to consult with a lawyer to determine the applicable statute of limitations.

Yes, a wrongful-conception action can still be brought even if the child is born with disabilities. However, the damages sought may differ, focusing more on the additional costs and challenges associated with raising a child with disabilities.

The likelihood of success in a wrongful-conception action depends on various factors, including the strength of the evidence, the applicable laws in the jurisdiction, and the specific circumstances of the case. Consulting with an experienced attorney can provide a better understanding of the chances of success in a particular situation.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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