Tonya and PQBON's WebLog
montgomeryadvertiser.com :: Court OKs child's abortion suit
A state appeals court has ruled that a Birmingham abortion clinic can be sued over an unsuccessful abortion that a woman blames for damaging her child's health.
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Circuit Judge Robert Vance Jr. issued summary judgment in favor of the abortion clinic. The appeals court agreed with him that the mother couldn't sue on her own behalf, but the five judges said she can sue on behalf of her child.
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Johnston said the ruling opens a narrow window because other Alabama court cases have held a woman can't sue over a successful abortion and a child born healthy after an unsuccessful abortion can't sue over "wrongful birth."
I'm not sure how I feel about this. I do think that botching a procedure should open you up to liability however, I hate to see planned parenthood spending there money on defense like this. However, I also feel for the woman who had to go through having a child she didn't really want that now has major problems due to the failed procedure. I guess I feel she should have her day in court and the Dr. should be liable if they made a mistake even if the anti-choice brigade will see this as a victory.