Woman sues doctors after failed abortion

[MysticCat]

Originally Posted by lyrelyre

My torts professor said that no court has allowed a suit for “wrongful birth.”

Actually, according to at least one court,

Since Roe, an overwhelming majority of jurisdictions has recognized wrongful birth claims. See Lininger v. Eisenbaum, 764 P.2d 1202, 1208 n. 9 (Colo.1988) (citing numerous cases in which the cause of action has been recognized); see also Note, Father and Mother Know Best: Defining the Liability of Physicians for Inadequate Genetic Counseling, 87 YALE L.J. 1488 (1978) (discussing the issue and concluding that imposing liability on physicians vindicates societal interest in reducing the incidence of birth defects); but see Azzolino v. Dingfelder, 315 N.C. 103, 337 S.E.2d 528 (1985) (denying wrongful birth claim), cert. denied, 479 U.S. 835, 107 S.Ct. 131, 93 L.Ed.2d 75 (1986).

Walker by Pizano v. Mart, 164 Ariz. 37, 39 n3, 790 P.2d 735, 737 n3 (Ariz. 1990).

This isn't a wrongful birth action, though. "Wrongful birth" is a tort action where "the parents of a child born with birth defects allege that the negligence of those charged with prenatal testing or genetic counseling deprived them of the right to make a timely decision regarding whether to terminate a planned pregnancy because of the likelihood that their child would be born physically or mentally impaired." Id.

This what the Arizona Court, at least, called a "'wrongful conception or pregnancy.' In such actions, parents of a normal but unplanned child seek damages either from a physician who allegedly was negligent in performing a sterilization procedure or abortion, or from a pharmacist or pharmaceutical manufacturer who allegedly was negligent in dispensing or manufacturing a contraceptive prescription or device." Id. See also University of Arizona Health Sciences Center v. Superior Court, 136 Ariz. 579, 667 P.2d 1294 (1983).

Oh, I need a life.

[lyrelyre]

Originally Posted by MysticCat

Oh, I need a life.

I think law school does it to you.

Like I said, it has been a few years. I also don’t practice tort law. That’s just what I remembered my torts professor saying. Maybe it was from the Restatement and not a study of each individual state’s precedent.

Regardless, it is an interesting case. I’m curious to see if they will litigate or settle.

[DSTCHAOS]

Originally Posted by MysticCat

Oh, I need a life.

LOL.

You're fine because you're typing about this where it applies. If we have a thread on green apples and you type about law, then you should worry.

[shinerbock]

I need a majority rule here.

[ISUKappa]

Some people I know who've had a D/C (basically the same procedure as an abortion for missed miscarriages) that have said their bleeding is minimal and only lasted a few days.

I can understand how a woman can not know she's pregnant if 1) she's overweight and 2) she has a hormonal imbalance such as PCOS where she would not have regular menstrual cycles. But by 20 weeks, the second Dr. really *should* have been able to tell she was pregnant. Even an external abdominal exam should have tipped the Dr. off that *something* wasn't right, unless again, the woman was overweight (only because excess fat makes it difficult to feel internal organs thoroughly).

I agree her timeline seems off. If her daughter was born around her due date, the woman would have only been 5 weeks pregnant at the time of the abortion. That's not very far along. (A woman is considered two weeks pregnant at the time of conception and usually doesn't know she is pregnant until she is technically 4 weeks along. So, at the most, the woman could have only known she was pregnant for roughly a week). If her daughter was born 1-2 weeks past her actual due date, it may be more plausible.

[Jill1228]

Originally Posted by ASUADPi

I'm reading the article and already I've found "holes" in her defense.

1) I've never had an abortion but don't you A) bleed and B) have to come back for a post op? If that is true, 1) why didn't she notice "omg I'm not bleeding or in pain" and 2) why didn't she go to her post op?

2) The second doctor that she saw in July is just as culpable because supposedly he didn't detect the pregnancy at 20 weeks. Why is she just sueing the planned parenthood doctors? She should be suing him? (arguement about her motives for just suing them).

3) September rolls around, how the heck could you not know you are still pregnant? As a lawyer I'd be asking her, did you get your periods? If she say's no, I'd be like "hello, think about that for a second". Most women when we miss a period, we freak out. We wanna know why we are late. And if you're sexually active a pregnancy test is usually the first thing taken. I just don't get how a women can claim that she "didn't know" she was pregnant.

4) Yeah the abortion didn't work but she doesn't have to keep the child. It is called adoption. She is using this child for money, plain and simple. Which is completely unfair to the child.



She will probably win some money for the fact that the abortion was botched but I highly doubt she will win for expenses for the child. She doesn't have to keep the child. Right there it was her choice. The doctors shouldn't be responsible for that choice.

Question 1:
I have never had an abortion (by my own choice). However, I DID have a D&C this past December and I was wondering the same thing. I know when I had my procedure, I did have to have a follow up a week later. The pain wasn't too bad (man, whatever they put in that IV was some good shit!) The pain meds that go home with you are a good help too.

You do bleed. They do examine the tissue to make sure they got it all and check for any genetic defects.

This was my experience...it might be different if it is an elective procedure

So it makes me wonder if she went to her follow-up????
And How in the hell did she not know she was pregnant at 20 weeks? There are other symptoms besides a missed menstrual cycle. If she was getting the Depo Shot, sometimes you do not get a period at all. But there are other symptoms...

I agree she should have given up the kid...that kid is gonna need some serious therapy because his mom is f*cked in the head

[texas*princess]

regarding asuadpi's questions - it is possible that she did have her periods (one of my aunts didn't know she was pregnant for a very long time b/c she was getting her periods regularly)... and in some women who take BC pills, eventually have very light almost non-existant periods... it's different for different people. I had several friends who almost never had periods because they were very A) skinny or B) very active and weren't pregnant.

kddani - thanks for the clarification... i forget about that.

[blackngoldengrl]

I replied in another thread, but after actually reading the article, it doesn't say what the second doctor was seeing her for. She may have gone to him for something completely unreleated, like an injured toe or rash or some other random thing. If she didn't think she was pregnant, she may not have mentioned anything about it to him. She may not have told him she had an abortion in March if she didn't feel it was relevant to why she was there on that day. If she is overweight, then he might not notice a growing pregnancy. Too many what ifs.

I agree with previous posters regarding the child. Suing for the cost of raising a child that you could have given to a family who wanted a child is not a good look.