Spanish Doctor Must Pay Child Support After Botched Abortion

International   Steven Ertelt   May 24, 2012   |   4:23PM    Madrid, Spain

A doctor from Spain who practices on the island of Majorca has been ordered by a local judge to pay a mother child support after he botched a legal abortion.

The judge required the unnamed physician to pay the mother 150,000 euros (£120,000) in “moral damages” for his negligence as well as a monthly payment of 978 euros (£780) until the baby reaches the age of 26. The ruling came after a court hearing in which the court heard the woman in question was eight weeks pregnant and had sought the abortion in April 2010.

The woman returned to the clinic where the abortion was done three months later because she thought she was pregnant again — only to find out the first abortion did not successfully kill the unborn child. An ultrasound revealed she was five months pregnant and she was past the legal limit for abortions.

The London Telegraph newspaper has more on the story:

She was offered a refund of the £320 she paid for the initial procedure and referred to a clinic in Barcelona, which, it was suggested, might have performed a late-term abortion, but doctors there also refused. She later gave birth to a healthy son, who is now 18 months old.

Judge Jose Perez Martinez, in a written ruling ordered the gynecologist and the private clinic he worked at to pay compensation to the woman. He also ordered the doctor to foot the bill for the upkeep of the unwanted child until he turns 26.

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.”

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In July 2011, a Florida abortion practitioner was ordered to pay the bay who survived a failed abortion $36 million in damages for injuries she suffered from the abortion.

James Pendergraft is the owner of five abortion facilities in Florida and a late-term clinic in D.C. “specializing” in abortions past the 24th week of pregnancy. He has had his medical license suspended four times for botched abortions, illegal late-term abortions, and dispensing drugs without a license. He has also faced legal and disciplinary actions for making up false threats from pro-life advocates and “reporting” them to authorities.

Pendergraft found himself in an Orange County courthouse facing a lawsuit from the daughter of Carol Howard, who wants a lifetime of medical care after she was born alive after a botched abortion began. The plaintiff is a 10-year-old girl with massive birth defects who survived the abortion. The plaintiff’s mother paid $1300 to have an abortion in November 2001 when she was 22 weeks pregnant.

The plan was for the daughter, identified as JH in court documents according to a pro-life advocate familiar with the case, to be delivered stillborn into a toilet. After 12 hours of labor, the mother left the abortion clinic very upset and went to a nearby hospital because the process was taking too long. There, she gave birth to a girl weighing 1 lb 6 oz, who is now 10-years-old. She has cerebral palsy, no function on the left side of her body, strokes and brain damage, physical, emotional and cognitive delays, lung damage, chronic lung disease and seizure disorders.

Pendergraft was found liable for damages and, according to pro-life advocate Kelly Clinger, who had multiple abortions done by Pendergraft years ago, Pendergraft was ordered to pay Howard’s child $18,255,000 in punitive damages, $18,000,000 in compensatory damages and over $400,000 in court costs.