Doctor to pay child support for botching abortion

[BLUE 1,026]

By Meghan Neal / NEW YORK DAILY NEWS

 

A Spanish doctor was ordered to pay child support to a baby born after he bungled a woman’s abortion, a judge ruled this week in Palma, Spain.

 

The baby was born healthy after a full nine-month term despite the doctor’s performance of a surgical abortion to terminate the pregnancy, Spanish newspaper Diario de Mallorca reported Wednesday.

 

The boy is now 18 months old.

 

The mother, 24, didn’t find out the abortion had failed until three months later, at which point it was too late to repeat the procedure.

 

In the unprecedented case, Judge Francisco Perez ordered the gynecologist pay $1,300 a month until the child’s 26th birthday — plus another $189,000 for moral damages suffered by the young mother, Diario de Mallorca reports.

 

The woman’s lawyer, Eva Munar, said the ruling is fair for a case of medical negligence, according to The Guardian.

 

“There has never been a case like this before in Spain,” said Munar. “We don’t know if it has ever happened anywhere else in the world.”

 

According to the judge, the doctor’s mistake caused “irreversible” disruption and emotional damage to the woman, who expressed feelings of sadness and guilt, Diario de Mallorca reported.

 

The woman was seven weeks pregnant when she visited Emece clinic in Palma two years ago to terminate the pregnancy. When she returned to the clinic for a followup ultrasound two weeks later, the doctor who performed the abortion assured her the procedure had been successful, according to the account in the paper.

 

“The scan lasted three minutes and I was out again,” the mother said Thursday. “It was: ‘You are fine, off you go and carry on with your life as normal.’ ”

 

Three months later the woman went back to the clinic, thinking she must have become pregnant again, but a new ultrasound revealed that it was the same pregnancy.

 

At that point the woman was 22 weeks into the pregnancy, too far along to terminate it, the clinic told her.

 

The young mother told her parents about the pregnancy, which she had previously kept secret. She and her son now live with her parents.

 

“When I have to explain all this to him, I’ll try to make sure that he feels okay about it,” she said, according to The Guardian. “It was back then that he was not wanted, not now.”

 

The doctor and clinic are expected to appeal the decision, reports say.

 

Source: NYDailyNews.com

[Piggly Wiggly 960]

How does one botch an abortion?

 

Fucking Spaniards, man.

[WindyCitySports 407]

This is bullshit. He should have to pay the $189,000 in damages, but paying an additional $1,300 a month until the kid is 26 is insane. $189k in damages includes emotional damages and $ damages that the woman will have to pay to raise the kid, so it doesn't make sense for him to pay child support if he already did. This lady is just trying to make bank.

[oochymp 2,393]

I really just feel bad for the kid, talk about psychological issues

Edited May 26, 2012 by oochymp

[RazorStar 4,025]

"YOU WERE A SERIES OF MISTAKES!"

[BwareDWare94 723]

The 189K is too high and the child support is absurd. I doubt the child support will stick.

 

So this poor kid will know its mother was a co-conspirator in his attempted murder? Wow.

[BC 331]

What a beast, how many survivors of abortions are in the world? And where is the dad in all of this?

[blotsfan 2,112]

I thought the cost of raising a child is about 200k so that does seem pretty fair.

[oochymp 2,393]

regarding the damages, requiring child support until the kid's 26 seems odd to me, I don't know what the standard is in Spain, but I know in the US you're considered an adult at 18, that should be when child support stops

[KiLaSix9+ 398]

Some of you clearly have no idea how much money it takes to raise a child.

[blotsfan 2,112]

That is true oochy, though child support goes to 21 in the US (at least new York state)

[BwareDWare94 723]

Wouldn't it be crazy if he'd removed a tumor and didn't realize it? Is that even possible? I'm curious.

 

Either way, this sounds more like a malpractice suit than anything. He shouldn't have to pay this kid's way. It's the mother that still is the primary reason (along with the father) that this child exists.

[Vin+ 3,121]

Couldn't she have put it up for adoption? Just because the abortion failed doesn't mean she's forced to keep it.

[KiLaSix9+ 398]

Couldn't she have put it up for adoption? Just because the abortion failed doesn't mean she's forced to keep it.

Maybe someone advised her about the potential lawsuit against a doctor and she said, fuck it, let me go for that $$$.

[BwareDWare94 723]

Maybe someone advised her about the potential lawsuit against a doctor and she said, fuck it, let me go for that $$$.

 

That's what's happening, for sure.

 

Nothing like being compensated for much more than the, uh, I suppose it has to be called "damages" but there's nothing damaging about a child. Not for a decent human being.

[WindyCitySports 407]

I thought the cost of raising a child is about 200k so that does seem pretty fair.

189k + 13k(12)(26) = $405,600

 

That's double.

[Socal 524]

“When I have to explain all this to him, I’ll try to make sure that he feels okay about it,” she said, according to The Guardian. “It was back then that he was not wanted, not now.”

 

How about you not tell your child, what would be the point of that? Stupid bitch

 

If she does end up telling him, I hope he 'aborts' her when she's too sick and old to care for herself.

[blotsfan 2,112]

That's what's happening, for sure.

 

Nothing like being compensated for much more than the, uh, I suppose it has to be called "damages" but there's nothing damaging about a child. Not for a decent human being.

Except raising a child is a huge responsibility that takes an enormous amount of time and money. She didn't want that responsibility and the doctor failed to do his job.

[oochymp 2,393]

That is true oochy, though child support goes to 21 in the US (at least new York state)

fair enough, that is something that would vary by jurisdiction and maybe in Spain child support goes to 26, but that seems a little long IMO

 

How about you not tell your child, what would be the point of that? Stupid bitch

 

If she does end up telling him, I hope he 'aborts' her when she's too sick and old to care for herself.

so where does she tell her kid the money is coming from? if he's halfway intelligent he will figure it out at some point

[BwareDWare94 723]

Except raising a child is a huge responsibility that takes an enormous amount of time and money. She didn't want that responsibility and the doctor failed to do his job.

 

Regardless of whether he did his job or not, he is not responsible for the child's life. The mother and father should be on the hook. It's like we don't understand that medical professionals are now and then going to make mistakes (just like everybody else in every other profession, mind you), and this one involved preserving a life instead of ending one. I do not see why he's responsible for more than these supposed "damages" that are entirely psychological and certainly not worth 190K. It's not his kid.

[Socal 524]

fair enough, that is something that would vary by jurisdiction and maybe in Spain child support goes to 26, but that seems a little long IMO

 

 

so where does she tell her kid the money is coming from? if he's halfway intelligent he will figure it out at some point

 

There is absolutely no reason to tell your child that you intended to abort them, at any point in their lives. We are not talking about millions of dollars here, just like any child he will just assume that the money his mother uses to provide for him comes from the money she has earned. I'm not sure how child support payments work after a child is no longer living with the parent but if at that point he wonders why he has 1,300 dollars to spend each month then you make something up. You tell him its inheritance, its from a trust fund, you tell him its child support from his biological father, you don't tell him its from the doctor that fucked up his abortion.

[blotsfan 2,112]

Regardless of whether he did his job or not, he is not responsible for the child's life. The mother and father should be on the hook. It's like we don't understand that medical professionals are now and then going to make mistakes (just like everybody else in every other profession, mind you), and this one involved preserving a life instead of ending one. I do not see why he's responsible for more than these supposed "damages" that are entirely psychological and certainly not worth 190K. It's not his kid.

Except he is responsible for the child's life. The child was supposed to be aborted and he wasn't because the doctor screwed up. And again, raising a child is a huge time and money commitment. I don't see how you can say the damages are only psychological.

[BwareDWare94 723]

Except he is responsible for the child's life. The child was supposed to be aborted and he wasn't because the doctor screwed up. And again, raising a child is a huge time and money commitment. I don't see how you can say the damages are only psychological.

 

A child being alive cannot be considered "damages" by anybody with a working mind.

[Favre4Ever+ 4,476]

Except he is responsible for the child's life. The child was supposed to be aborted and he wasn't because the doctor screwed up. And again, raising a child is a huge time and money commitment. I don't see how you can say the damages are only psychological.

 

You act as she is forced to keep the child. You act as if the mother is a saint who is only going to get what is owed to her.

 

Unfortunately for her, all she is owed is a one way ticket to hell.

 

If she didn't want he child, fine. But all of a sudden she wants to keep it? Oh, that's right... She is going to keep it because now the child brings her financial benefit.

 

What a disgusting human being.

[Buckeyes 4]

How you blame the doctor for this?

If you don't want a kid wrap it up or don't have sex, its that simple. They act like this lady was forced to have a kid.