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Originally Posted by laylo
I disagree. Her analogy was about creating an additional problem. Furthermore I don't buy the comparison of gangrene or any other unfortunate condition to pregnancy, something a middle-aged American woman has had the means and knowledge to prevent for most of her life.
If she were suing for prenatal care and delivery costs, that'd be one thing. Maybe emotional distress. But in general you don't get compensated for the choices you make in life.
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Actually, there's case law in different states that supports her claim for medical malpractice. I think she might be able to recover some of her damages if not all of them. I wonder if she's also suing for tortious assault, IIED, and gross negligence. This scenario was once used as an MBE question on the Bar.