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Woman sues doctors after failed abortion

This just seems vial.
Can you imagine a daughter recalling a law suit her mother initiated....suing because they failed to kill her.

"Woman sues doctors after failed abortion"

http://news.yahoo.com/s/ap/20070307/ap_on_re_us/abortion_lawsuit

"The complaint was filed by Jennifer Raper, 45, last week in Suffolk Superior Court and still must be screened by a special panel before it can proceed to trial.

Raper claimed in the three-page medical malpractice suit that she found out she was pregnant in March 2004 and decided to have an abortion for financial reasons.

Dr. Allison Bryant, a physician working for Planned Parenthood at the time, performed the procedure on April 9, 2004, but it "was not done properly, causing the plaintiff to remain pregnant," according to the complaint.

Raper then went to see Dr. Benjamin Eleonu at Boston Medical Center in July 2004, and he failed to detect the pregnancy even though she was 20 weeks pregnant at the time, the lawsuit alleges.

It was only when Raper went to the New England Medical Center emergency room for treatment of pelvic pain in late September that year that she found out she was pregnant, the suit said.

She gave birth to a daughter on Dec. 7, 2004.

She is seeking damages, including child-rearing costs."

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Old 03-07-2007, 10:09 AM
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Old 03-07-2007, 10:22 AM
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That's pretty good.

The Dr. should claim an offset. Yeah, his failure to abort caused the child to now exist, and there are childraising costs.

However, his action also resulted in something of presumable value being given to the woman (a child). So any damages should be offset by the value the woman places on the child.

She should be asked what value she places on the child in a deposition, if she says no value, the kid should be sent to foster care, it's not in a kids best interest to be raised by someone who places no value on him/her.
Old 03-07-2007, 10:26 AM
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I'm curious if the failed abortion was due to medical problems beyond the doc' control.
Not able to detect pregnancy?...that's interesting. Always two sides to a story.
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Old 03-07-2007, 10:42 AM
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Old 03-07-2007, 12:37 PM
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