Woman sues doctors after failed abortion
By itsjustmeb
@itsjustmeb (1212)
Canada
March 7, 2007 10:44pm CST
Woman sues doctors after failed abortion
Wed Mar 7, 12:14 PM ET
A Boston woman who gave birth after a failed abortion has filed a lawsuit against two doctors and Planned Parenthood seeking the costs of raising her child.
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.
Raper and her lawyer, Barry C. Reed Jr., refused comment when contacted by The Boston Globe.
A spokeswoman for Planned Parenthood said the organization does not comment on pending litigation.
Neither doctor responded to requests for comment.
Raper alleges in the suit that Planned Parenthood and Bryant were negligent for failing to end her pregnancy and that Eleonu was negligent for failing to see she was still pregnant.
The state's high court ruled in 1990 that parents can sue physicians for child-rearing expenses, but limited those claims to cases in which children require extraordinary expenses because of medical problems, medical malpractice lawyer Andrew C. Meyer Jr. said.
Raper's suit has no mentions of medical problems involving her now 2-year-old daughter.
As with all medical malpractice suits in Massachusetts, Raper's complaint will have to be screened by a tribunal consisting of a Superior Court judge, a lawyer, and a doctor to determine whether it has merit to go to trial.
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Information from: The Boston Globe, http://www.boston.com/globe
My thing on this/ If she really cannot afford to raise the child, she should give the child up for adoption.
5 people like this
29 responses
@Sarah1977 (495)
• United States
8 Mar 07
That woman is a disgusting waste of human life. I cannot even believe that she has such a cold heart that she would allow her child to know that she was never wanted, and in fact that she tried to kill her. As for some of the other reviewers who said that "I would take that as a sign that I was meant to have that child", EVERY child that is conceived is meant to be. God doesn't create life just for stupid, selfish, heartless people to destroy it. The whole thing literally makes me want to vomit.
@jchampany (1130)
• United States
8 Mar 07
You are right about the part that "GOD doesn't create life just for stupid, selfish, heartless people to destroy it." Did you ever think about what type of lives some of these children would be living if they were not aborted? Some of these people that are getting abortions would be helatious parents.
1 person likes this
@Sarah1977 (495)
• United States
8 Mar 07
According to your mentality, every child who hasn't been blessed with responsible, loving parents should be executed. I know you will say that I am being ridiculous, but could you please explain to me the difference between killing a child in the womb and killing a child outside the womb? Just because you cannot yet see a baby before it is born (except on ultrasound) doesn't mean it doesn't exist.
1 person likes this
@Sarah1977 (495)
• United States
9 Mar 07
I apologize for offending you...that was not my intention. Sometimes, especially when speaking about abortion, I have a tendency to come across as judgemental. I guess I misunderstood your post, but I still believe that you were trying to elude to the idea that some children are better off if they had never been born. I understand why some people would feel that way, but I just don't think that abortion is the answer. Anyway, please accept my sincere apology.
1 person likes this
@Marie2473 (8512)
• Sweden
8 Mar 07
That the child survived despite this is a miracle, HOWEVER i do belive that the woman is right. She did see them and ask for an abortion, they said it was done and after still came a baby. Maybe now she is so attached to it that she can not emotionally give it up for adoptions. I do belive in free will and that u should be allowed to have an abortion if asked - but if u can not trust the doctors the who can u trust.. if this would have happeend to me I would have sued as well.
I sis have an abortion after beeing raped and if i would have been forced to have that baby i probably would have killed myself!
1 person likes this
@princess07031980 (5412)
• United States
9 Mar 07
Well I would imagine because the child is now over the age of 2, she will be responsible for her for the rest of her days. Children are rarely given up after the first few days unless forced. (State, CPS, etc.) Well she seems bitter, as I guess she has the right to be, because this was definitely not supposed to happen. But her daughter is healthy and I am sure beautiful. SURVIVED an abortion-she should take a second look and consider it a miracle.
1 person likes this
@lisado (1227)
• United States
9 Mar 07
Apparently that little girl is meant for better things that her mother. Can you imagine that child's self worth knowing that her mom not only tried to have an abortion to get rid of her but that since it wasn't successful that she is suing them for it? She went from a money problem to a money ticket, lovely. NOT! She could have given the baby up for adoption if taking care of her was that big of a problem. Using her for money gain now isn't making anything any better and I think it's sad.
1 person likes this
@willocfc (963)
• Australia
8 Mar 07
My concern here is for the child involved, i can understand that raising a child is an expensive thing, but how will the child feel when it grows up and learns that not only did "mummy" try to get them aborted, but also refused to pay for the child herself and sought out payment from the doctors involved in trying to abort the baby. It sounds to me like the women is all about money and the child should go to someone who will give them the love and support they deserve
1 person likes this
@astromama (1221)
• United States
8 Mar 07
I know most people don't agree with abortion, but if that was her choice and she paid for that particular medical procedure, then wouldn't this be a case of malpractice? If someone wanted to remove a kidney and the doctor performed the operation but didn't actually remove the kidney, then they wouldn't have done their job correctly and could be sued. I don't mean to compare kidneys and fetuses, I'm just trying to look at the situation from a legal standpoint instead of an emotional one. I'm sure everyone agrees that it's horrible to think that when this little girl grows up she will learn of her mother's public lawsuit to finance her existance because the abortion failed!
1 person likes this
@brckoba (795)
• United States
8 Mar 07
I totally agree with you on this! IF she wanted to get an abortion, that was her choice and she shouldn't be judged for that, since that is her own business and nobody else's. It was part of the doctor's fault for not doing their job properly. I don't like the fact that our society has made it so simply for people to sue, but if people who we expect to perform their job 100% right don't do it, and then there are undesired consequences, just then one has the right to sue.
@mari61960 (4893)
• United States
8 Mar 07
While I don't agree with abortions, I do think it is malpractice. I think that there must be a purpose for this little girl in life. One we may never know, but obviously she was meant to be. Not knowing all the details it's my guess that the woman decided that she would raise the baby. Maybe she wasn't making the right choice with abortion but I'll leave the judging to God.
1 person likes this
@thekiwi (588)
• United States
8 Mar 07
Yea she should give the child up for adoption after trying to kill it than hold on to it...But i think i would sue too, :( I mean doctors these days, you gotta check them out like you do when you hire someone to sit your kids...
@jchampany (1130)
• United States
8 Mar 07
This is interesting. I didn't go to the link but I would be interested to know if the little girl has any problems. Was she born in normal health? Does she have any disabilities? If so do you think the women should get more money than if the child had no problems?
1 person likes this
@superchook (1786)
• Australia
8 Mar 07
I would agree with you, if she really couldn't afford it then she should have given the baby up for adoption. She obviously didn't really want the baby anyway. There are so many people out there that can't have children that would love to, that baby could have gone to one of them and lived a life where someone really wanted them.
1 person likes this
@monkeywriter (2004)
• United States
8 Mar 07
I'd say its a MIRACLE she had the kid. She was supposed to have had it. If she cant afford the kid, how'd she afford the abortion? I hear they are COSTLY! Seriously though give the little girl up for adoption should you not be able to raise it.
1 person likes this
@AnnaB87 (761)
• United States
8 Mar 07
I think that abortion is wrong and when an abortion fails that only proves that that child had a purpose in life, and if she really dislikes her daughter so much she should adopt her out to a family who would love her.
And it is hard for me to believe that she loves her daughter when she is complaining because the doctor failed to kill her child, and that is what abortion is murder of a child.
1 person likes this
@JediSkipdogg (169)
• United States
8 Mar 07
The other problem that alot are failing to realize is that an abortion is NOT 100% effective. Depending on the procedure done they are 95-99% effective. Some even require two visits to be complete. Therefore when this woman knew at a later date that she was still pregnant she should have tried again.
This is like saying you have a heart operation because you had a heart attack. Then a month later you have a heart attack again and die. Should your spouse be allowed to sue because the operation didn't help? Nope...medical procedures are not always 100% effective.
1 person likes this
@lingli_78 (12822)
• Australia
8 Mar 07
that is really amazing... the child still survive after going through abortion... the woman should be happy instead of suing the doctor... there are so many people out there including me who desperately want to have a child... so, i totally agree with you... if she really doesn't want the child and can't afford it, then give her away to a family that want to adopt her... why make a fuss and wasting money and time to be in court???
1 person likes this
@cipher2004 (1183)
• United States
8 Mar 07
I wonder what this poor child is going to think when she grows up.Seems to me that someone will tell her about her mom trying to get an abortion and failing.Then using her to get money.It is a shame.
1 person likes this
@xfallenxlostx (2074)
• United States
8 Mar 07
This makes me sick. Whereas i am pro-choice, i do NOT believe in abortion as a means of birth control. If the woman could not afford a child, she should have taken the necessary precautions. She has NO RIGHT to do that. She coul dhave easily given the child up for adoption rather than attempting to abort the fetus.
However, i agree that the doctors were neglegent. i think she should be able to sue for the cost of the birth, but not for the child rearing costs.
1 person likes this
@retardedrugrat (4791)
• Canada
8 Mar 07
I don't think this case has anything to go on.
The Doctor failed to end the pregnancy but nobody ever said that every single abortion is successful, and besides, how does she know she wasn't carrying twins?
If her baby has survived all that I would be taking it as a sign that I was definitely meant to have that baby without a doubt.
If she can't afford to keep the child - although she's done well since the child is now 2 years old, then she should give it up for adoption.
1 person likes this
@JediSkipdogg (169)
• United States
8 Mar 07
I'd be surprised if this case goes to the court.
What is that child going to think for the rest of her life if this does go through? She is going to have emotional problems her life knowing that her mother didn't want her.
The problem the court will have is how much could they give it they allow it to go to trial. I can see the costs for having the child paid for. But that's about it. This mother did have the option to give up the child if she couldn't afford it. Instead, she kept her after she already unsuccessfully tried to get rid of her once. And she can't sue for future child expenses because knowing her she'll take the money and then get rid of the child, therefore scamming the doctors.
Now, here's where I'm lost and maybe since I don't understand full abortion I could be wrong. But when she found out she was still pregnant in September, couldn't she try to have a second abortion then? Then she could sue for the costs of that second abortion which would be a legitimate lawsuit. But having the child and waiting 2 years to sue does not seem legitimate to me.
I hope this woman loses.
1 person likes this
