Woman sues for wrongful conception after doctor said she couldn't get pregnant Local News Woman sues for wrongful conception after doctor said she couldn't get pregnant 
 
 - It is an unusual civil case out of Oakland County. A woman is suing her doctor for the stress caused by an unplanned pregnancy. 
 
 He told her there was no chance she could get pregnant but she did, with a child who has Down syndrome. 
 
 The woman is not suing for wrongful birth - she is suing for wrongful conception. She blames her doctor and according to our legal expert - it sounds like she has a case. 
 
 Pictures show Lori Cichewicz as a doting loving mother. Reportedly she always planned to give birth but the problem, she never wanted to be pregnant. 
 
 "This is really very close to a medical malpractice case," said FOX 2 legal analyst Charlie Langton. "That's really essentially what it is." 
 
 In 2008 she went to get a permanent birth control procedure, to get her tubes tied. But her doctor told her that her fallopian tubes were blocked. She had no chance of getting pregnant and she didn't even need birth control. 
 
 Three years later Lori got pregnant with a baby who had Down syndrome. 
 
 Lori is now suing her doctor for "wrongful conception" - basically his negligence. She is seeking damages for the emotional distress caused by the unplanned pregnancy. 
 
 Cichewicz is now 50 years old and raising a special needs child. 
 
 According to Langton, the courts have already decided damages are limited to the stress of the conception. 
 
 "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," he said. "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 within the next few months - unless the doctor settles it before then. ||||| DEARBORN, Mich. (WXYZ) - In a case of so-called "wrongful conception," an Oakland County woman is suing her doctor for the stress caused by an unplanned pregnancy. 
 
 Lori Cichewicz said her doctor was unable to perform a permanent birth control procedure on her in 2008 because he found her fallopian tubes were already blocked. She said he assured her she could not get pregnant, and told her she didn't need to take contraceptives. 
 
 Cichewicz gave birth to a child with Down Syndrome in April 2011. 
 
 "She’s full of life, loving, kind, sweet, everything you could ever imagine," Cichewicz described her daughter, Reagan, now five-years-old. 
 
 Cichewicz said Reagan is adored by her big brother and her father, Cichewicz's boyfriend. 
 
 But she said she is seeking damages for the emotional distress caused by the unplanned pregnancy. The 50-year-old mother said the thought of raising a child with special needs at her age, the added financial burden, and her doctor's broken promise all took an emotional toll. 
 
 “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 said. 
 
 Tim Takala, Cichewicz's attorney, said the lawsuit seeks to keep Cichewicz's doctor accountable for his alleged misguidance that Cichewicz could not get pregnant and did not need to take contraceptives. 
 
 “That’s advice that misled Lori and caused her to go down and make a decision that she never should have had to make," Takala said. 
 
 Cichewicz said there was never any question whether she would have Reagan. 
 
 "I mean, I can’t imagine life without her now. When they say having a child with special needs is a gift, it’s a gift," she said. 
 
 When the case goes to trial sometime within the next few months, the jury will be able to consider the fact Cichewicz knew she would have a child with Down Syndrome. 
 
 Calls to Cichewicz' doctor and his attorney weren't returned Thursday. ||||| Pontiac — The Michigan appeals court says an Oakland County woman can seek financial damages for the emotional distress of knowing she would deliver a child with Down syndrome. 
 
 Lori Cichewicz says she was assured by her doctor her fallopian tubes were blocked and she didn’t need to use birth control. But she became pregnant and gave birth to a daughter in 2011. It’s a case of so-called wrongful conception. 
 
 In a 3-0 decision released Wednesday, the appeals court says Cichewicz can’t seek a financial award for the costs of raising a child with Down syndrome. But the court says she can seek compensation for the stress associated with the unplanned pregnancy like any medical malpractice claim. 
 
 The lawsuit now returns to Oakland County Circuit Court. 
 
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– "She's full of life, loving, kind, sweet, everything you could ever imagine," Lori Cichewicz describes her 5-year-old daughter, Reagan, to WXYZ. But the 50-year-old from Oakland County, Mich., worries about the financial strain and other issues involved in raising a child with special needs (Reagan was born with Down syndrome), as well as whether she'll be around to celebrate all of Reagan's milestones as she gets older—and she's now suing her doctor for damages for what she says was a pregnancy that shouldn't have happened in the first place. Per Fox 2, Cichewicz went to get her fallopian tubes tied in 2008 as a permanent birth-control measure, but her doctor informed her that her tubes were blocked and that surgery was unnecessary—in fact, he said, she could go without any contraception from that point forward and not worry about getting pregnant. Fast-forward about three years, when a shocked Cichewicz found out she was pregnant with Reagan. A Michigan appeals court ruled last week that while Cichewicz can't sue for funds to cover raising a child with Down syndrome, she can file a complaint to be compensated for the emotional stress of the unplanned pregnancy, per the AP. "[The doctor's advice] misled Lori and caused her to ... make a decision that she never should have had to make," her lawyer tells WXYZ, while a Fox 2 legal analyst says she likely has a solid case, calling it "very close to ... medical malpractice." The case is expected to go to trial later this year. Not that the outcome of the suit will affect how Cichewicz feels about her daughter. "I can't imagine life without her now," she tells WXYZ. "When they say having a child with special needs is a gift, it's a gift." (Read about why a woman in her 20s chose to have her tubes tied.)