{"id":353190,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/medical-malpractice\/wrongful-pregnancy-lawsuits.html"},"modified":"2026-10-21T16:27:37","modified_gmt":"2026-10-21T21:27:37","slug":"wrongful-pregnancy-lawsuits","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/wrongful-pregnancy-lawsuits.html","title":{"rendered":"Wrongful Pregnancy: Suing for a Failed Vasectomy or Tubal Ligation"},"content":{"rendered":"\n
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Wrongful Pregnancy: Suing for a Failed Vasectomy or Tubal Ligation<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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

\n \n <\/i>\n Fact-Checked\n <\/summary>\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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Key Takeaways<\/h2>\n

A wrongful pregnancy<\/span> claim<\/span> is a medical malpractice<\/span> lawsuit<\/span> filed when a healthcare provider<\/span>‘s negligence causes a sterilization procedure<\/span> to fail, resulting in an unplanned pregnancy. Patients can pursue legal action if a practitioner breaches the standard of care<\/span> during surgeries like tubal ligations<\/span> or vasectomies<\/span>. Victims may recover damages<\/span> for prenatal care<\/span>, medical bills, and emotional distress<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Having a medical sterilization procedure<\/span>, such as vasectomy<\/span> or tubal ligation<\/span>, always carries an element of risk. If something goes wrong during the process, you could become pregnant or cause a conception. You can sue your healthcare provider<\/span> for medical malpractice<\/span> if their negligence led to the sterilization procedure<\/span> failing and leading to an unplanned pregnancy. This article explains what a wrongful pregnancy<\/span> claim<\/span> entails, how to prove\u00a0medical malpractice<\/span>, and when to consult a medical malpractice<\/span> lawyer<\/span><\/a>.<\/p>\n

How Can a Sterilization Procedure<\/span> Fail?<\/strong><\/h2>\n

The two most common types of surgical sterilization are vasectomies<\/span><\/a> and tubal ligation<\/span><\/a>. A vasectomy<\/span> is an outpatient surgery that involves cutting or cauterizing the tubes that carry sperm during sex. Tubal ligation<\/span> is a slightly more invasive surgery that cuts, ties, or cauterizes the Fallopian tubes that move eggs from the ovaries to the uterus.<\/p>\n

Pregnancies after these procedures are rare, but they can happen. Fewer than 1% of patients become pregnant in the year after a tubal ligation<\/span>. Vasectomies<\/span> are almost 100% successful at preventing pregnancy after the patient clears the last of the sperm from their body, but a slight chance remains.<\/p>\n

Non-Negligent Causes<\/h3>\n

A tubal ligation<\/span> seals the Fallopian tubes. It doesn\u2019t remove a woman\u2019s ovaries or uterus. Eggs can still leave the ovaries and travel to the uterus or other parts of the abdomen. If they\u2019re fertilized, they can implant in the Fallopian tube or even the abdominal wall. This is called an ectopic pregnancy, a potentially life-threatening condition.<\/p>\n

In some cases, the tubes may heal around the cauterization or suture. This is very rare, but it can happen. To sue for a wrongful pregnancy<\/span>, you must prove the doctor was negligent.<\/p>\n

Negligent Causes<\/h3>\n

For a successful medical malpractice<\/span> case<\/span>, you must show that the doctor failed to complete the procedure or did not explain the risks or possible outcome in a way you understood. In a tubal ligation<\/span>, the doctor could have misplaced the clamps (known as \u201cFilshie clamps\u201d) used during the process. This can affect the outcome of the surgery.<\/p>\n

For vasectomies<\/span>, the doctor may have failed to explain that it can take several weeks for active sperm to leave the body and the need for follow-up testing to verify sterility. Because sterilization procedures<\/span> are both common and highly successful, you need clear evidence that the doctor failed in their duty of care to prove a medical malpractice<\/span> claim<\/span>.<\/p>\n

Proving a Wrongful Pregnancy<\/span> Claim<\/span><\/strong><\/h2>\n

A medical malpractice<\/span> lawsuit<\/span><\/a> seeks damages<\/span> based on a healthcare provider<\/span>\u2019s negligence. In a wrongful pregnancy<\/span> claim<\/span>, the plaintiff is claiming that the doctor failed to perform a sterilization process according to the medical standard of care<\/span>, with an unwanted pregnancy<\/span> as the result.<\/p>\n

Medical professionals are held to a higher standard of care<\/span> than other individuals because of their education, training, and the doctor\/patient relationship. The patient trusts the doctor to know how to perform the procedure and to do so properly. Negligence<\/a> consists of four elements.<\/p>\n