A wrongful-pregnancy action, also known as a wrongful-conception action, occurs when a parent files a lawsuit seeking financial compensation after becoming pregnant despite undergoing sterilization.
A wrongful-pregnancy action refers to a legal case in which a parent sues for damages resulting from a pregnancy that occurred despite a failed sterilization procedure. This type of case is also known as a wrongful-conception action. For instance, if a woman undergoes a tubal ligation procedure to prevent pregnancy but still becomes pregnant due to the procedure’s failure, she can file a wrongful-pregnancy action against the doctor responsible for the damages caused by the unwanted pregnancy. This example demonstrates how a failed sterilization procedure can lead to a wrongful-pregnancy action, where the woman took precautions to avoid pregnancy but still ended up pregnant due to the doctor’s negligence. Consequently, she has the right to seek compensation for the damages caused by the unwanted pregnancy.
A wrongful-pregnancy action is a legal claim brought by a parent or parents who allege that they were wrongfully deprived of the opportunity to terminate a pregnancy due to the negligence of a healthcare provider.
Common reasons for filing a wrongful-pregnancy action include failure to diagnose a genetic or developmental abnormality in the fetus, failure to properly perform a sterilization procedure, or failure to provide accurate information about contraceptive methods.
Yes, both parents can bring a wrongful-pregnancy action if they have suffered damages as a result of the wrongful pregnancy.
Damages that can be sought in a wrongful-pregnancy action may include medical expenses related to the pregnancy and birth, emotional distress, loss of income, and the cost of raising a child with a genetic or developmental abnormality.
The time limit for filing a wrongful-pregnancy action varies by state, but it is typically within a few years of the date the injury occurred or was discovered.
Yes, a wrongful-pregnancy action can still be brought if the child is born healthy, as long as the parents can demonstrate that they suffered damages as a result of the wrongful pregnancy.
The burden of proof in a wrongful-pregnancy action typically requires the parents to prove that the healthcare provider was negligent in their care, and that this negligence directly resulted in the wrongful pregnancy.
Yes, a wrongful-pregnancy action can be brought against a fertility clinic if the parents can demonstrate that the clinic’s negligence led to the wrongful pregnancy.
Yes, a wrongful-pregnancy action can be brought if the parents can demonstrate that the healthcare provider’s negligence led to the failure of the contraceptive method.
Yes, it is important to consult with a lawyer who specializes in medical malpractice and wrongful-pregnancy claims to discuss the specifics of your case and determine the best course of action.
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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