{"id":353190,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/wrongful-pregnancy-lawsuits.html"},"modified":"2023-11-24T09:58:14","modified_gmt":"2023-11-24T14:58:14","slug":"wrongful-pregnancy-lawsuits","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/wrongful-pregnancy-lawsuits.html","title":{"rendered":"Wrongful Pregnancy Lawsuits"},"content":{"rendered":"\n
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Wrongful Pregnancy Lawsuits<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A medical provider’s mistake (negligence) may lead to an unplanned or unwanted pregnancy. In these cases, either one or both parents were medically sterilized, but they became pregnant anyway. The pregnant person can sue for medical costs as well as the pain and suffering of pregnancy and birth.<\/p>\n\n <\/div>\n\n\n\n

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.\u00a0<\/p>\n

Wrongful pregnancy lawsuits seek damages for pregnancies that occur after a sterilization procedure. Vasectomies and\u00a0tubal ligation<\/a> (having your tubes tied) are the most effective forms of birth control, but pregnancy can still occur after a medical procedure.<\/p>\n

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<\/a> about your options.<\/p>\n

What Is Wrongful Pregnancy?<\/h2>\n

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<\/a> against the doctor for medical negligence.<\/p>\n

Wrongful pregnancy is different from similar claims of\u00a0wrongful birth and wrongful life<\/a>. 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<\/a>.<\/p>\n

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<\/a> if the pregnancy is unwanted.<\/p>\n

Can You Get Pregnant After a Sterilization Procedure?<\/h2>\n

Pregnancies after a procedure like tubal ligation are rare, but they are possible. Less than one percent<\/a> 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<\/a> carefully after the procedure. Failure to do so could risk pregnancy in the months afterward.<\/p>\n

This is why it’s important to thoroughly investigate the cause<\/a> 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.<\/p>\n

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<\/a> and what the patient should do to avoid pregnancy. These issues can lead to legal claims under medical malpractice laws.<\/p>\n

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

Legal Elements of Wrongful Pregnancy<\/h2>\n

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

There are many reasons why people do not want children, such as:<\/p>\n