Woman told she was sterile sues doctor for ‘wrongful conception’ after giving birth
Lori Cichewicz went to her doctor in 2008 to get her tubes tied, but her doctor told her they were blocked and there was no need for her to use birth control as she couldn’t conceive. Three years later, she gave birth to a child with Down syndrome.
The Oakland County woman is now suing the doctor for the emotional stress caused by the unplanned pregnancy, according to WJBK.
The Michigan Appeals Court ruled last week that, while Cichewicz can’t seek a financial award for the costs of raising a child with Down syndrome, she can seek compensation for the stress associated with the unplanned pregnancy, the Detroit Free Press reported.
Cichewicz is now 50 years old and raising her 5-year-old, special needs daughter.
“I’m older, I don’t know, will I see her graduate college? Will I see her go to college? Will I see her get married? Will I see her graduate high school? All this is going through my mind,” Cichewicz told WXYZ.
Cichewicz is suing for “wrongful conception,” as opposed to “wrongful birth.”
“Wrongful conception” is is a medical malpractice claim that can be brought by the parents of a child in cases where the doctor gave negligent contraception advice or performed a negligent sterilization or abortion procedure.
“Wrongful birth” can be claimed when a health care provider has breached a duty following conception that results in the birth of an abnormal child.
The case is expected to go to a jury trial in Oakland Circuit Court within the next few months.