OAKLAND COUNTY, Mich. — A Michigan mother is reportedly suing her doctor for the stress caused by an unplanned pregnancy, according to WJBK.
According to the report, Lori Cichewicz went to her doctor in 2008 to have a tubal ligation, which is also known as “having your tubes tied.”
Cichewicz’s doctor reportedly said her tubes were “blocked” and she had “no chance” of getting pregnant and did not need birth control. Three years later, she gave birth to a child who has Down syndrome, according to the report.
Cichewicz is now suing for wrongful conception, according to the report. Wrongful conception is a medical malpractice claim that arises from the “negligent performance of a sterilization procedure,” according to the University of Missouri School of Law.
“This is really very close to a medical malpractice case,” legal analyst Charlie Langton told WJBK. “That’s really essentially what it is.”
Cichewicz, who is now 50 and raising a special needs child, is seeking damages for the emotional distress caused by the unplanned pregnancy.
“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 not suing for “wrongful birth,” which is a claim that a health care provider has breached a duty subsequent to conception that results in the birth of an abnormal child.
“The stress associated with thinking about of having to be pregnant or being pregnant when she didn’t want to be pregnant are the only damages,” Langton told WJBK. “It’s not the fact she is going to get money for having to raise a Down syndrome child, the court already said no.”
The case is expected to go to a jury trial later this year.