In general, a wrongful pregnancy action is a lawsuit brought by the parents of a healthy but unexpected, unplanned, or unwanted child, against a medical provider for negligence leading to conception or pregnancy.
The claim usually arises after a negligently performed sterilization procedure. Such claims have also been predicated on the failure to properly diagnose a pregnancy or perform an abortion; negligence in the insertion or removal of an intrauterine birth-control device, or in dispensing contraception prescriptions; or the failure of a contraceptive pill or a condom.
Laws vary from state to state and not all states recognize a wrongful pregnancy claim or cause of action.
In Rhode Island, wrongful pregnancy actions, also known as wrongful conception lawsuits, are recognized as a legitimate cause of action. These claims typically arise when a medical provider's negligence results in an unplanned or unwanted pregnancy. This negligence could be due to a failed sterilization procedure, a misdiagnosis of pregnancy, an improperly performed abortion, errors related to intrauterine devices (IUDs), or mistakes in prescribing or dispensing birth control. In such cases, the parents may seek compensation for the costs associated with the pregnancy and the birth of a healthy child. However, the damages recoverable in Rhode Island may be limited to the costs directly related to the negligence, such as medical expenses for the failed procedure and the costs of pregnancy and childbirth, and may not include the costs of raising the child. It is important for individuals considering such a claim to consult with an attorney who is knowledgeable in Rhode Island's specific laws and precedents regarding wrongful pregnancy to understand the potential outcomes of their case.