In the case of Pizano v. Mart, the Arizona Supreme Court defined wrongful pregnancy as when the “parents of a normal but unplanned child [seek] damages either from a physician who allegedly was negligent in performing a sterilization procedure or abortion, or from a pharmacist or pharmaceutical manufacturer who allegedly was negligent in dispensing or manufacturing a contraceptive prescription or device.”
To prove that a physician is liable for wrongful pregnancy, you are required to present evidence that demonstrates:
- The doctor was legally obligated to take measures to prevent the pregnancy.
- The doctor failed to fulfill this obligation.
- The doctor’s misconduct was the cause of the wrongful pregnancy.
- You were harmed by the occurrence of the wrongful pregnancy.
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A man who has had a vasectomy correctly performed can no longer express sperm cells as a result of the severed tube. Vasectomy is nearly 100% effective in preventing unwanted pregnancy with a relatively low risk of complications. Notably, vasectomy does not take immediate effect and pregnancy may still occur within a period of several months following the procedure.
Tubal ligation or tubal sterilization is one of the most commonly used surgical sterilization procedures by women. However, less than 1% of women may become pregnant after the procedure. If you do conceive after having a tubal ligation, there’s a risk of having an ectopic pregnancy.
If it can be proven that a physician negligently performed one of these procedures on you—or failed to warn you that a vasectomy does not take immediate effect—you may be entitled to recover compensation for:
- Prenatal care
- Neonatal expenses
- Delivery costs
- Lost wages
- Loss of consortium
- Costs of the failed sterilization procedure
- Pain and suffering
- Injuries sustained during childbirth, if any
- Treatment of birth defects
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Wrongful Pregnancy and Birth Defects
If your child was born with birth defects after your sterilization procedure or abortion, you may be able to recover compensation to cover the costs of treatment.
Jones v. Malinowski Case
If your claim qualifies, the amount of compensation you may be eligible to receive will depend on the type and extent of the birth defects, at least in part. Generally, the amount you may be able to recover increases in relation to the complexity and duration of the treatment.
Depending on the state in which you live, you may be eligible to recover the costs associated with raising a child.
Our Attorneys Will Fight to Help You Get Past a Wrongful Pregnancy
Wrongful pregnancy is a serious issue that no one should have to deal with alone. If your wrongful pregnancy claim qualifies, our attorneys may be able to help you negotiate a settlement on your behalf or pursue a medical malpractice action in court on your behalf. In this way, being represented by a wrongful pregnancy attorney can make a significant difference in the outcome of your wrongful pregnancy claim.
The time that you have to pursue a wrongful birth action is limited. Thus, we strongly suggest that you act as soon as possible after a wrongful birth occurs. If you suspect that you have been a victim of wrongful pregnancy and you have questions about your options, call the Birth Injury Lawyers Group at (800) 222-9529 today for a free case evaluation.