Quote:
Originally Posted by DSTCHAOS
Could she sue for the emotional toll of post partum depression and/or the emotional toll of having a child in the world that she doesn't know? She didn't want a child, which is why she wanted an abortion, but having the child and sending it away is a potentially different dynamic.
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If she actually suffered from post partum depression, sure. I think she has to weigh the emotional toll of having a child in the world she doesn't know against the costs of raising the child and decide for herself. I don't think she should be entitled to make the doctors assume an additional cost no matter what she decides. (I already said I though she was entitled to some damages.)
Although the doctors are partially responsible for her child being in the world, they aren't solely responsible and it doesn't seem to me that they should have to assume the whole cost of the child and the damages to the mother, whatever they might be.
(I can't remember what the book was called, but I once read a somewhat cheesy novel in which a similarly unsuccessful abortion was an element of the plot. Is this some rare example of life imitating (bad) art or is there some statistically measurable number of abortions that fail to abort the child? What usually happens in such cases? Are there usually follow up directions or examines? How the heck did the second doctor miss her pregnancy at 20 weeks?)
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