A failed sterilization procedure is actionable as medical negligence in Texas, but the damages will be limited to expenses incurred during the pregnancy, delivery, and postpartum period, the state’s top court said.
Texas doesn’t recognize a cause of action for “wrongful pregnancy” or “wrongful birth,” but will allow a patient to sue a doctor whose negligence in providing a sterilization procedure resulted an unplanned pregnancy and the birth of a healthy child, the Texas Supreme Court said May 10.
The patient, however, can’t recover damages for raising the unexpected child, Justice Rebeca Aizpuru Huddle said for a unanimous court. State ...
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