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Doctor must pay for unwanted child. *may offend*

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Doctor Must Pay Support For Child After Failed Abortion

By The Circle of Moms Editors - May 24, 2012



In a case unlike any we've yet seen, a doctor has been ordered to pay for the support of a child who was born after a failed abortion attempt sought by the mother.

An unnamed woman in Spain sought to terminate her pregnancy at a clinic in April 2010 when she was eight weeks pregnant. Unbeknownst to her or her doctor at the time, the abortion was unsuccessful. Thinking she had become pregnant again, the woman went back to the clinic three months later, where she was informed that she was actually five months pregnant and that the abortion had failed. The woman was refused another abortion because she was farther along than Spain's legal time limit of 14 weeks. The only compensation she was offered was a refund of the fees she'd paid for the failed abortion.

The woman has since given birth to a healthy baby boy. A judge has recently ordered the gynecologist and the private clinic to pay the mother 150,000 euros ($190,000) in "moral damages" for their negligence and a monthly maintenance of 978 euros ($1,230) until the boy reaches his 26th birthday.

The woman, whose identity has been kept secret, spoke through her lawyer of her happiness at the sentence and how she had no regrets about having the child.

"I'm fine now and have accepted things, I haven't any other choice," she said.

"When the day comes for me to explain to my son what happened I will tell him hoping he understands.

"I didn't want him when I went to have an abortion but that's not the case now."

Her lawyer Eva Munar, admitting the sentence was a legal first in Spain, added: "It's a fair sentence for what is medical negligence."

The doctor will launch an appeal to have the sentence overturned.

Spain reformed its abortion laws under the previous socialist government of Jose Luis Rodriguez Zapatero in 2010. Under the new law, women have the right to choose an abortion on demand after up to 14 weeks of pregnancy in public hospitals.

Under previous legislation, abortion was illegal across Spain unless in the case of rape, serious deformity or if the woman's health was at risk.

More than 100,000 abortions were carried out annually under the old legislation, the vast majority in private clinics and under the justification that the pregnancy posed a "psychological risk" to the mother.

The relaxation of the laws was meant with fierce opposition from conservative elements within Spain and especially the Roman Catholic Church.

Spain's new conservative government of Mariano Rajoy, which came to power in December, has suggested it may overturn the reform - provoking a backlash from women's groups.



by on May. 24, 2012 at 7:25 PM
Replies (21-30):
by on May. 25, 2012 at 12:32 AM
Wow that's crazy
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by on May. 25, 2012 at 7:03 AM
1 mom liked this
If it has to do with negligence then damn she got a great deal out of it. If not that's BS. Either way, I agree, how does one tell a child something like this?!
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by Bronze Member on May. 25, 2012 at 7:09 AM
1 mom liked this
GOD didn't want that baby, to be aborted. But I wouldn't tell child, I tried to abort him.
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by on May. 25, 2012 at 7:13 AM
not the drs fault??? whos fault was it that the abortion got botched? thats not the moms fault.

Quoting happymommy1105:

That's not really the doctors fault. I don't think its fair.

The lady should have followed to after a couple of weeks to ensure everything had fins accordingly.
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by on May. 25, 2012 at 7:15 AM
This is just as bad as the sperm donor that has to pay child support to the woman that used his sperm from a sperm bank and got pregnant.
Why didn't she just put the baby up for adoptions if she didn't want him?
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by on May. 25, 2012 at 7:18 AM
totally agree. the dr should pay the money for failing to do what he was paid for... that was malpractice... but he shouldnt have to pay till the boy is 26. im sorry you have to struggle with what you did... that is part of why i am so against abortion.

Quoting amandaleigh97:

Having an abortion is a difficult choice. Her reasoning behind it isn't stated and jumping to conclusions about it seem pretty harsh. The heart ache and guilt after an abortion is absolutely painstakingly awful. As awful as you all believe it is so does the woman who had it. It haunts you for years imaging their birthday and what they would of looked like. But there are situations and circumstances that make you feel like you have no where to go. I had an abortion when I was younger because I was in an abusive relationship. Also I was told I couldn't get pregnant or carry full term and if I did there was a high chance neither I or the baby would survive. It broke my heart and everyday I am scared karma will catch up with me and take my son for what I did. But at the time I believed it was the right choice. If it was me and I got a second chance even if it had been the day after I had it done I would of been overcome with joy. So I don't judge her for having the abortion but to sue someone responsible for the life of your child. Maybe she should thank him instead everytime she looks at her precious baby's face and accept that was her fate. So I half agree half disagree with everyone.
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by Bronze Member on May. 25, 2012 at 7:18 AM
1 mom liked this
You know what's not right? A doctor and clinic team that tell you you're pregnant then charge you for an abortion for a baby that didn't exist.

Or charging you for an abortion he didn't do cause he believes in stealing your money but not in killing children.

Both very common cases here.
by on May. 25, 2012 at 7:20 AM
1 mom liked this
i agee. whats the point in telling the child???

Quoting hopealways4019:

GOD didn't want that baby, to be aborted. But I wouldn't tell child, I tried to abort him.
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by Bronze Member on May. 25, 2012 at 7:23 AM
Quoting Robsessed98:

Paying till the kid is 26 is harsh but they're making an example out of him. His "mistake" actually happens a lot.

If you got an abortion, a thing everyone would treat you like a 3 headed monster for, and then it didn't work, how do you tell the people around you that you're suing the doctor? you've been had, your money's been taken and you have no idea what was done to you while you were in there. But would your family be more upset about the abortion not being successful or you being "that girl"
Who tried to get one?

Chances are you'd keep your mouth shut and by the time you realize you didn't "get pregnant again after you did such a thing" it's too late to do anything but admit to everyone around you that you're a monster.
~*~*~ Because food will never taste as good as skinny feels~*~*~
by on May. 25, 2012 at 7:25 AM
1 mom liked this
why is everyone condemning her for keeping the baby? she obviously wanted him or she wouldnt have kept him. i considered abortion but couldnt go through with it for religious beliefs and was later glad because i ended up wanting her... should i have given my child up??? absolutely not. you cant judge and damn this woman when you dont know her story!
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