Your Rights Matter. Your Future Matters.
We Can Help.

  1. Home
  2.  » 
  3. Surgical Errors
  4.  » Surgical errors in abortion lead to baby and malpractice suit

Surgical errors in abortion lead to baby and malpractice suit

On Behalf of | Apr 19, 2013 | Surgical Errors

A week after a supposedly routine abortion procedure, the woman who sought the abortion for medical reasons found out she was still pregnant. Massachusetts residents may have heard of the resulting surgeon malpractice lawsuit, which alleges the error resulted in emotional damages related to the threat to her life. The woman gave birth to the child and now claims she is pleased with the result. However, the error resulted in worries for her life and the fate of her already born child as well as numerous stops to the emergency room, several three to five day hospital stays and the assistance of a physician with advanced knowledge of high-risk pregnancy.

The woman’s condition is known as uterine didelphys. The uterus essentially has two compartments, each with its own cervix, and one is stronger than the other. The fetus in this pregnancy had implanted into the weaker compartment, unlike her first child. 

A lawyer for the Akron Women’s Medical Group stated that the clinic “met the reasonable standard of care,” and the clinic has filed for dismissal of the case. The plaintiff’s attorney briefly elaborated on the conditions of the clinic as being “horrendous.” The lawsuit filed in the Summit County Common Pleas Court requests $25,000 in damages.

The surgical errors in this case did not cause significant damages, but the surgeon’s mistake could also have led to serious injury or even death. That possibility caused emotional stress for the victim and her husband. When doctors fail to render appropriate services due to inattention to the patient or dangerous operating conditions, such as those alleged in the lawsuit, victims may be able to receive compensation for their damages.

Source: The New American, “Woman Sues Over Botched Abortion, But Celebrates Healthy Baby,” Raven Clabough, April 2, 2013