That works for me, so get off your high horse.

You can't claim financial harm against a risk that you knew to be there. The doctor knew full well that there was still a risk of conception in the circumstances. Hence he was willing to accept the risk of a child being born. He just thought the risk was less than it was.

You're just setting men up for even more onerous consequences when an unwanted child is born. A woman could turn around a sue a man just like this man tried to do to the woman. So in addition to paying child support, the man could be on the hook for $4 million in damages for the "emotional harm" he caused to the woman's lifestyle. Stupid!