Wrongful Pregnancy Lawsuits

In medical malpractice, patients can sue for errors like birth injury and wrongful pregnancy. The effects of these errors can have a substantial impact on a patient’s life. 

Wrongful pregnancy lawsuits seek damages for pregnancies that occur after a sterilization procedure. Vasectomies and tubal ligation (having your tubes tied) are the most effective forms of birth control, but pregnancy can still occur after a medical procedure.

This article describes how a medical provider, such as a surgeon, may be liable for a wrongful pregnancy. It also explains how a medical malpractice lawsuit can compensate patients. If you became pregnant or caused a conception despite sterilization, speak with a medical malpractice lawyer about your options.

What Is Wrongful Pregnancy?

If a patient has a sterilization procedure, the procedure should prevent future pregnancies. If the procedure is not performed correctly and the patient gets pregnant, the patient can bring a wrongful pregnancy lawsuit against the doctor for medical negligence.

Wrongful pregnancy is different from similar claims of wrongful birth and wrongful life. Wrongful birth cases happen when a child is born with a severe disorder or birth defect, usually when the doctor fails to diagnose. If the defect were properly detected or diagnosed early, the mother may have chosen to abort.

Parents and guardians can bring wrongful life actions on behalf of a child suffering from an undiagnosed genetic condition. Parents of a healthy child may bring a cause of action if the pregnancy is unwanted.

Can You Get Pregnant After a Sterilization Procedure?

Pregnancies after a procedure like tubal ligation are rare, but they are possible. Less than one percent of patients become pregnant in the year after the procedure. Vasectomies can temporarily carry a higher risk of pregnancy, which is why patients must follow their doctor’s instructions carefully after the procedure. Failure to do so could risk pregnancy in the months afterward.

This is why it’s important to thoroughly investigate the cause of the unexpected pregnancy. In some cases, a patient may experience a rare but unforeseeable outcome. This type of situation doesn’t allow the patient to sue.

But in other cases, the surgeon may have failed to complete the proper steps of a procedure. Or, a doctor might have failed to fully explain the risks and what the patient should do to avoid pregnancy. These issues can lead to legal claims under medical malpractice laws.

If you get pregnant after a sterilization operation, get legal advice. You may also want to seek a second medical opinion and get copies of all your related medical records.

Legal Elements of Wrongful Pregnancy

A wrongful pregnancy claim focuses on the negligence of a healthcare provider during a medical sterilization procedure. Sterilization procedures that prevent future pregnancies include vasectomies and tubal ligation.

There are many reasons why people do not want children, such as:

• Risk of congenital health issues
• Risk of age-related health issues (from older mothers)
• Risk of health to the mother
• Insufficient resources or finances to care for a child
• Personal preference

Like a tort action, a wrongful pregnancy suit focuses on the duty of care, breach of duty, and factual and proximate causes.

A medical professional owes a patient a duty of care to perform sterilization correctly. A doctor breaches their duty of care if they perform the procedure incorrectly or if the pregnancy would not have happened “but for” the plaintiff’s reliance on the effectiveness of the sterilization.

Once these elements are proven at trial, the next consideration is damages, the amount of money you can receive in a lawsuit.

Compensation for Wrongful Pregnancy

As a legal concept, wrongful pregnancy is different from a typical tort action. It does not seek compensation for personal injuries or damage to property.

A successful wrongful pregnancy suit compensates the parents of the child. Damages include medical expenses and issues related to the pregnancy.

Expenses include:

• Prenatal, delivery room, and neonatal medical expenses
• Lost wages from time spent pregnant or recovering from birth
• The cost of the unsuccessful sterilization procedure

Intangible damages may include:

• The patient’s pain and suffering
• A spouse’s loss of consortium during the pregnancy and recovery

Another question is whether parents may seek recovery for future child-rearing expenses for an unwanted (but otherwise healthy) child. This area of damages often divides courts. Courts tend to accept the idea that even unexpected children are a good thing for most people and society in general.

If financial constraints were a primary factor in seeking sterilization, a minority of states may be more willing to allow a claim for the cost of raising the child to proceed.

Recovery may also cover severe medical conditions. Courts may award damages when specific health issues were the reason for the sterilization procedure and the unplanned child develops abnormalities or inherits certain genetic conditions.

Seeking Legal Advice for a Wrongful Birth Case

If you or your spouse became pregnant after a medical sterilization procedure, you may have a claim for a wrongful birth lawsuit.

Seek legal advice from an experienced medical malpractice attorney in your area. Attorneys will be able to help you make an informed decision about the next steps for your situation.