Woman Sues Doctor for Child-Rearing Costs After Failed Abortion

FetusWe want to hear your opinions and thoughts of this story from the Associated Press:

Woman Sues Doctor for Child-Rearing Costs After Failed Abortion
Wednesday, March 07, 2007

BOSTON — A woman who had an abortion but still gave birth has filed a lawsuit against two doctors and a family planning organization 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 suit that she found out she was pregnant in March 2004 and decided to have an abortion for financial reasons, The Boston Globe reported in its Wednesday editions.

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.

Raper and her lawyer, Barry C. Reed Jr., refused comment when contacted by the newspaper, and a spokeswoman for Planned Parenthood said the organization does not comment on pending litigation.

Massachusetts’ 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.

Let us know what you think!  Be sure to leave your blog link in the comment area if you blog on your own blog about this.

22 Comments

  • March 7, 2007 - 1:05 pm | Permalink

    WOW… why didn’t she just put the child up for adoption!?!?

  • March 7, 2007 - 1:32 pm | Permalink

    Hmmm…I would love to participate this week, but I just don’t think that I have it in me to share my thoughts on this topic. It is a sad case, I will say that for sure.

  • March 7, 2007 - 1:45 pm | Permalink

    Ok, well first of all if I did not want a child that badly I would have given her up for adoption when it was born, thus not needing childcare expenses. Secondly, when I was pregnant with my first I was not married, and considered adoption (Since I do NOT believe in abortion). One day I meet a lady, as I am having my car washed, in the waiting room. She struck up a conversation with me, you know “how long have you been pregnant, etc.” She began telling me at sixteen she got pregnant and her boyfriend vanished. Her mother took her to have an abortion 3 times. Each time the baby would crawl as high as he could and they could not complete the abortion. The fourth time she went they did an ultrasound and showed her the baby. She could not go through with it, and had the baby. Her mother kicked her out and at 16 she was on her own. She then went on to say that after working and getting her GED, 5 years later God brought her an incredible husband that adopted her son and has taken care of both of them since. Her son is an honor roll student, and at the time, was college bound. (That has been 5 years ago)

    I do not know her name, and will never see her again, but she changed my life. I mean I can not believe that the woman mentioned in your post is not kissing her doctor for the Botched abortion. Does she not love this child, and if so how can she resent the “mistake of a messed up abortion.Much less sue!

    Just my thoughts. By the way, I married my daughters father, God has given us a fantastic relationship, and we now also have a 2 year old daughter.

  • March 7, 2007 - 2:08 pm | Permalink
  • March 7, 2007 - 3:04 pm | Permalink

    “Wow” are the the first words I can find. No wonder health care costs keep going up. There are now certain specialties doctors won’t go into for fear of law suits. No matter what side of this issue anyone falls on, it still sends a chill throughout the whole medical community.
    What a message to send the child as well.
    Catherine the redhead
    http://journals.aol.com/rapieress/Aweekinthelife/

  • March 7, 2007 - 5:32 pm | Permalink

    This one certainly blows me away! I wrote about it here:
    http://joyinthemorning.clubmom.com/joy_in_the_morning/2007/03/mother_sues_aft.html

  • March 7, 2007 - 7:51 pm | Permalink

    I have mixed feelings about this. Incompetent doctor. But other choices. I wrote about it here: http://bsinchina.blogspot.com

  • March 8, 2007 - 4:18 am | Permalink
  • March 8, 2007 - 7:16 am | Permalink

    I’m not sure why this woman has waited two years to sue for the failed abortion and, I concur, if the child was unwanted, perhaps adoption should have been considered. Though I strongly believe in a woman’s right to choose, I’m not big on suspicious lawsuits filed several years after the medical wrong. Sounds like greed and an ambitious lawyer at work here.
    Hopefully this child, once grown, will file a lawsuit against their mother and try to recover some financial recompense for the pain and suffering she endured when her mother sued over her very existence. She will, no doubt, have costly therapy bills to cover in the future.

  • Pingback: Woman Sues Doctor for Child-Rearing Cost After Failed Abortion - 1SmartMom.com

  • March 8, 2007 - 10:58 am | Permalink

    This is so insane, I don’t even know how to begin to form an intelligent response…

  • March 8, 2007 - 12:40 pm | Permalink
  • March 12, 2007 - 2:50 pm | Permalink

    Isn’t it possible that the reason she did not opt for adoption is because she has fallen in love with the child but that she STILL is financially strapped for caring for her?
    And isn’t there still a liability from the abortion clinic, although she may be grateful it failed because she has kept this baby and is in love with her, to pay for their medical mistake?
    And wouldn’t it then make caring for this child, who it seems she IS now in love with since she has chosen to keep her much easier for both her and the child in the future. Perhaps her SUING this abortion clinic for it’s malpractice is her way of assuring the childs future BECAUSE SHE LOVES her and wants the best for her and see’s both the error of her ways.

  • March 12, 2007 - 2:54 pm | Permalink

    P.S. Litigation takes a while. It probably took her two years to get a lawyer to accept her case pro bono. She doesn’t have extra cash, remember.

  • March 14, 2007 - 4:05 pm | Permalink

    Wow…THAT’S gotta make her child feel wanted and loved. What a schmuck!

  • March 19, 2007 - 10:28 am | Permalink

    WOW. So she’s parenting the child….can people sue contraceptive companies when they fail?? If not, then I don’t know that suing an abortion clinic would work, although I don’t know if they advertise their procedure is fool-proof.

    Lots of parents are strapped financially. If she hadn’t wanted the baby, then she could have placed the baby for adoption. Since she didn’t, I don’t see how she’s different than many other cash-strapped parents.

  • March 25, 2007 - 1:44 am | Permalink

    Wow, I thought I heard it all, but this one just blows me away. I mean I understand having financial troubles. But I do not understand even going through an abortion (just something I can not even comprehend). As some already mentioned, if I really couldn’t take care of a child, I would try to find a good home for her. Wow.

  • April 1, 2007 - 10:32 am | Permalink

    Well…If she couldn’t support the child then she should have opted for the adoption. If the doctor(s) were negligent I wouldn’t worry so much about money as getting their license revoked.

    If she truely did fall in love and want to keep her daughter then this is just a way to get extra cash. I understand being strapped for cash…the first year of my son’s life my ILs had to buy our baby care stuff as we couldn’t afford it after a job layoff…but I would never dream of suing a doctor for it…either way I see it as a way to get the big $$$.

    AND like others have said this WILL have an emotional impact on this girl. It isn’t like she won’t know from somewhere so the mom obviously isn’t thinking about what is in the child’s best interest here.

    JMHO Take it or leave it.

  • April 2, 2007 - 7:06 pm | Permalink

    This is a bit late (I just joined and was reading) but…Oh my gosh…no wonder our medical costs are going through the roof??!

    Geez! I just don’t understand some people. The abortion failed and she gave birth. She should have immediately gave the child up for adoption, so that it could be adopted into a family that actually wanted children. How is this child going to feel when she gets older and she finds out that her mother sued doctors because they failed to abort her! Talk about an emotionally unstable child! How traumatic that a child has to be raised by a person like this.

    My little girl was born Autistic…does this mean I get to sue my doctors for all the expenses we have had and her therapy?? As if! We need some laws passed that will not allow stuff like this to occur.

  • June 8, 2007 - 3:58 am | Permalink

    I wonder how this little girl would feel when she’s old enough to know all about this.

  • June 9, 2007 - 10:38 pm | Permalink

    I am completely horrified by this lady’s suit! How good does that make her little girl feel????? Now it is true, given my recent pregnancy events, I may be somewhat biased but I would give anything to have her problems!

  • JJamiah
    March 21, 2008 - 4:16 pm | Permalink

    First off, I don’t agree with abortion, with the crazy people out here who kill the children by dumping a birthed baby in the garbage can or tossing them in a toilet, I’d rather them make a better decision since, adoption isn’t one of them. This women is suing because of that reason, and she has a right, She loves her child, but in her head, I went for a service, ABORTION IS not a form of BIRTH CONTROL. More like a form of Controlled Birth. Control over whom lives or doesn’t. Now, this doctor was trained and taught and if she Frigged up she needs to cover her mistake. This isn’t an oops I tripped. NO, a child was born and needs to be taken care of. She went for the abortion, sure she could have used better birthcontrol methods, but the doctor is to blame as well. Some of you people are so one tracked mined that you don’t see past your nostrils. I totally am against it, but would rather see it done, than for murder of a infant. I truely consider them both murder, but to find a baby dead is not a pretty sight. I am a mother of four, and couldn’t think of doing either. I personally feel Birth control should be mandatory. Better parenting, more sex education and preventing these pregnancies. No child should have to suffer due to carelessness. Our children should not be indulging in adult activity, PRay for me. I am not ready to go that road yet. God Bless you all but please, look at the better part of this, She kept her daughter, and I hope she has no developmental issues. The doctors performed a basic procedure (with the rate of that going on now a days).

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