Accidental pregnancy can ruin your plans and plunge you into a financial crisis. While many unwanted pregnancies are the result of incorrect use of contraceptives, some are due to doctor mistakes.
So, what do you do when that is the case? Can you and your partner file a wrongful pregnancy claim?
The answer to that is a resounding yes, but there are factors that dictate a claimant's eligibility for compensation. Here are some of them:
1. Usage of the birth control technique
This is obvious. If you didn't follow the doctor's birth control guidelines to the letter, the doctor can't be liable for the accident. Common usage mistakes include skipping a pill or not adhering to the dosage timing and frequency.
Failure to report signs of a botched procedure, such as pain or bleeding, may also shift the liability from the doctor.
2. Other prescriptions and treatments
Some treatments can interfere with the potency of a birth control method, increasing your chances of conceiving. You are supposed to inform your doctor about any medications you have used recently so that they can find a workable birth control technique.
You should also consult with them before undergoing any treatment during the period when birth control is supposed to be active. If you don't, they cannot be held accountable for wrongful pregnancy.
3. The type of birth control prescribed.
Past or existing conditions can alter a woman's fertility or make a woman resistant to some birth control methods. Breast cancer, for instance, can reduce the effectiveness of hormonal birth control.
It is up to the doctor to go through a patient's medical history before prescribing contraception. You may be eligible for compensation if your pregnancy can be traced to the doctor's failure to factor in your medical history.
4. The thoroughness of the sterilization or abortion procedure
Many people go for vasectomy and sterilizations as they are arguably the two most surefire methods of birth control. If you undergo sterilization or your partner gets a vasectomy and you still conceive after you were given the all clear, the doctor who performed the procedure may be liable for the wrongful pregnancy if they performed the procedure in a negligent manner.
The same applies to a botched abortion. If a fetus continues to develop after the mother undergoes an abortion, chances are there was a mistake during or after the procedure that the doctor is solely responsible for.
Compensation for accidental conception
According to seattlemalpracticelawyers.com, a wrongful pregnancy claim is supposed to compensate the parents of the child for all the economic and non-economic losses incurred as a direct result of the pregnancy. They include:
Prenatal medical bills
Delivery room bills
Neonatal bills
Lost wages from maternity leave
The cost of the failed contraception
The parents' pain and suffering
The male partner's loss of consortium
Conclusion
If negligence on the doctor's part is the reason you are pregnant, consider seeking compensation through a wrongful pregnancy claim. Experienced medical malpractice lawyers can assess your case, calculate the damages, and file a comprehensive claim on your behalf.
