Wrongful conception, also known as wrongful pregnancy, is a case of action based on negligence in the provision of birth control or performance of sterilization procedures that result in an unwanted pregnancy.
This is distinct from wrongful birth, which based is a failure to diagnose resulting in a missed opportunity to terminate a pregnancy and leading to the birth of a defective child. While many jurisdictions do not recognize wrongful birth claims, the majority of jurisdictions recognize the wrongful conception cause of action.
The wrongful birth claim necessarily involves the birth of a defective child. The wrongful conception claim does not consider whether the child is healthy and normal. Instead, the claim is that but for the negligence of the health care provider, pregnancy would have been avoided.
Wrongful conception claims may arise, for example, because of a negligently performed abortion or sterilization, because of negligence by a pharmacist in filling a prescription.
For advise about your circumstances consult with an injury attorney.