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-   -   Woman sues doctors after failed abortion (https://greekchat.com/gcforums/showthread.php?t=85275)

Still BLUTANG 03-07-2007 02:26 PM

Woman sues doctors after failed abortion
 
Woman sues doctors after failed abortion

BOSTON - A Boston woman who gave birth after a failed abortion has filed a lawsuit against two doctors and Planned Parenthood seeking the costs of raising her child.

The state's high court ruled in 1990 that parents can sue physicians for child-rearing expenses, but limited those claims to cases in which children require extraordinary expenses because of medical problems, medical malpractice lawyer Andrew C. Meyer Jr. said.


WOW. just, wow!

DolphinChicaDDD 03-07-2007 02:30 PM

I feel bad for that child...the kid is going to find out eventually that not only was she unplanned, but that her mom tried to abort her. Geez, kids gonna need years of pyschotherapy.

DSTCHAOS 03-07-2007 03:10 PM

The lawsuit makes sense to me.

Can women sue birth control companies for failed contraception?

agzg 03-07-2007 03:19 PM

Quote:

Originally Posted by DSTCHAOS (Post 1409478)
The lawsuit makes sense to me.

Can women sue birth control companies for failed contraception?

Can they? I don't know. Makers of BC even state in their commercials that it's 99% effective - someone's always gonna represent that 1%.

RU OX Alum 03-07-2007 03:28 PM

well, yes most civil attorney's...attornies?...go by the rule: sue anyone you can for anything you can, one day you'll get lucky and be able to retire

This is strange, but why doesn't she just put him into adoptive services.

And I do believe the docotors are at fault and that the plantiff is entitled to monetarry compinsation, whether those funds are to be used in rearing the child or otherwise.

AlphaFrog 03-07-2007 04:04 PM

Quote:

Originally Posted by DSTCHAOS (Post 1409478)
The lawsuit makes sense to me.

Can women sue birth control companies for failed contraception?

I doubt it because I doubt you would be able to prove that you took it "as directed", on time, everyday, and therefore they would be able to argue that it was your fault. (Plus they do state that it's 99% effective, as someone mentioned.)

valkyrie 03-07-2007 04:13 PM

Wrongful life!
 
Quote:

Originally Posted by DSTCHAOS (Post 1409478)
The lawsuit makes sense to me.

It makes sense to me, too, although I wonder if the doctors will allege that she failed to mitigate damages by giving the kid up for adoption.

mulattogyrl 03-07-2007 04:28 PM

Wow. Just wow.

laylo 03-07-2007 05:36 PM

She is entitled to a refund for the abortion.

valkyrie 03-07-2007 06:41 PM

Quote:

Originally Posted by laylo (Post 1409595)
She is entitled to a refund for the abortion.

What if instead of a botched abortion, this was a case where the doctor, say, amputated the wrong leg during surgery. Would the patient be entitled only to a refund of the cost of the surgery, or would there be additional damages based on the loss of the leg?

DSTCHAOS 03-07-2007 06:42 PM

Oh. I just realized there are 2 different threads that I've been posting in.

DSTCHAOS 03-07-2007 06:43 PM

Quote:

Originally Posted by valkyrie (Post 1409618)
What if instead of a botched abortion, this was a case where the doctor, say, amputated the wrong leg during surgery. Would the patient be entitled only to a refund of the cost of the surgery, or would there be additional damages based on the loss of the leg?

That has happened before.

I believe the person won a ton of money because he still had to get the correct leg amputated. He's now a parapalegic(sp).

shinerbock 03-07-2007 07:01 PM

Shaheen v. Knight comes to mind.

On another note, this lawsuit really disgusts me.

laylo 03-07-2007 07:54 PM

Quote:

Originally Posted by valkyrie (Post 1409618)
What if instead of a botched abortion, this was a case where the doctor, say, amputated the wrong leg during surgery. Would the patient be entitled only to a refund of the cost of the surgery, or would there be additional damages based on the loss of the leg?

I don't see how that's analogous to this case. The woman got herself pregnant, a "mistake" she made herself and wanted "fixed", in her eyes. The doctors failed to fix it for her. They didn't cause her any damage. Just as she was free to choose to abort, after the child was born she was free to choose placing the child with one of hundreds of families on waiting lists to adopt. Instead, she chose to raise her. Now she wants those who failed to fix her problem to be responsible for its existence and entire future? (For the record, I don't personally consider children to be problems).

DSTCHAOS 03-07-2007 08:41 PM

Quote:

Originally Posted by laylo (Post 1409650)
The doctors failed to fix it for her.

Hence, why the lawsuit makes sense and why valkyrie's analogy loosely applies.


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