Canada Hospital Ordered to Pay Damages in Botched Abortion Case

National   |   Steven Ertelt   |   Apr 5, 2006   |   9:00AM   |   WASHINGTON, DC

Canada Hospital Ordered to Pay Damages in Botched Abortion Case Email this article
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by Steven Ertelt Editor
April 5, 2006

Montreal, Canada ( — A hospital in Canada has been ordered to pay damages to a woman who gave birth to twins following a failed abortion. Montreal’s St-Luc Hospital was told to pay $45,000 in damages to the mother, who gave birth several weeks after the failed abortion attempt.

Saoudat Batoukaeva went to the hospital in March 1999 to have the abortion and, following the procedure, an analysis showed that apparently no remains of the unborn child was left.

However, three weeks later, hospital staff confirmed the woman was still pregnant and was carrying twins. Authorities at the medical center attempted to contact the Russian woman but she had moved to Toronto and doesn’t speak either English or French.

As a result, she never received either of the phone calls or the letter the hospital said it tried to send her.

According to the Canadian Broadcasting Corporation, Quebec Superior Court Justice Michel Caron ruled that, although the hospital followed proper protocols it should have done a more extensive search for the woman.

He also said Batoukaeva, who gave birth to the twins after 25 weeks of pregnancy, was partially at fault because she didn’t return for a scheduled follow-up appointment.

As a result, Caron awarded her and her husband half of the $90,000 they sought in the lawsuit.

"It was a very special case which, because of its seriousness, required a special follow-up,” he wrote.