If I had an IUD put in me to prevent pregnancy but it fell out and now I am pregnant, is this malpractice?

The answer is that it depends. There is not enough information to make a determination. You should speak to a medical malpractice lawyer as soon as possible to evaluate your claim. In addition, New York does not recognize a claim for "wrongful life." If the only damages were that you are having a baby, the claim would not be viable unless there were injuries to you.