Can I Sue For Wrongful Pregnancy?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I had my tubes cut and tied 4 years ago, I am now 4 months pregnant with my fifth child. I was wondering if there is anything i can do about the situation.

Depending on what state you live in, you may be able to file a suit for wrongful birth or wrongful pregnancy if your procedure was negligently done. If this is allowed in your state, you could ask for damages ranging from reimbursement of the cost of your tubal ligation procedure, to the costs associated with your pregnancy, including, perhaps, lost wages. This could be a very difficult case to win, and consulting with an attorney experienced in medical malpractice can give you the best information regarding your circumstances.