This is not an easy question to answer so I will cite you to Smith v. Gore, 728 S.W.2d 738, a 1987 Tennessee Supreme Court case. Therein, a patient brought action for wrongful pregnancy against physicians who had performed failed tubal ligation, university hospital and manufacturer of sterilization technique, seeking damages for emotional distress, loss of income, expenses of rearing child to majority and punitive damages. The Supreme Court held that: (1) common law and statutory law placing responsibility for support of minor child on parents precluded recovery of otherwise foreseeable expenses of rearing normal, healthy child from defendants; (2) damages for medical expenses, pain and suffering, and loss of wages during pregnancy, delivery, and some period of postnatal recovery were recoverable upon proper showing; and (3) damages for emotional distress or mental anguish were recoverable for period extending from discovery of pregnancy until termination, upon proper showing.
Answered on Nov 29th, 2016 at 3:10 AM