Quote:
Originally Posted by lyrelyre
Two thoughts:
First, I remember (and it's been a few years) a couple torts cases that I feel are somewhat analogous. A man had an unsuccessful vasectomy and sued the doctor when he had a(nother) child. His suit was dismissed I believe. My torts professor said that no court has allowed a suit for “wrongful birth.”
Second, the timetable seems suspicious to me. She finds out she is pregnant in March, has abortion in April, and has baby in December (almost exactly 8 months after the abortion). Is it possible that the baby is not the same one that was aborted (that she got pregnant again almost immediately)?
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I never thought of it that way.
Okay the article said she went in for the abortion in March 04 and that she was 20 weeks in July 04. Well counting back 20 weeks from the last week in July, it would mean that she got pregnant March 18th time frame. I highly doubt she would know she was pregnant by March 31st. Most, not all, women don't figure out they are pregnant until they are about 3-4 weeks along.
It seems like she would have had to have gotten pregnant late February, early March (prior to the 18th) for her to 1) discover her pregnancy and then have an abortion.
I'm sure that is something the defense will bring up because it is very possible that she had an abortion and then got pregnant again almost right away.
Plus, how would she have known she was 20 weeks in July when the doctor "she claims" she went to "didn't figure out she was pregnant"?
I don't know there is just so many holes in her defense. As an attorney you could really shread it to peices. Which is excatly what the lawyers will do (since heck it is their job).