I read about a similar case sometime in the last year or two; as I recall, the participants lived in Australia, and the issue was not a botched abortion but a botched sterilization procedure. I don't know how that one turned out, but this one seems even more clear-cut because she had decided not to have this particular child at this particular time. I don't see why the doctors should be held responsible BOTH for failing to carry out the mother's wishes when they were supposed to, AND for the costs of her changing her mind later.

That poor kid. This is why I'm pro-choice. I don't think people who DON'T want kids should have them. It's always fun going through life knowing you're an unwanted mistake.

can we sue if we have sex with a born-again right-to-lifer and they said not to worry but were purposely not using contraception?

Ooh, this opens up a whole can of worms ...

If they are a minister, and they "spill their seed" without trying to cause procreation, can we sue for what should have happened if they weren't (as always) hypocrites? I'm sure some gay prostitute in Denver could use a few million ...

Courts will not give damages for this, and it's a clearly established precedent. The article even mentions it.

"The state's 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."

She and her attorney would not comment, but I have to believe that there's something and someone else behind this.

A sort-of similar case happened in Germany. A woman's IUD fell out. She got pregnant, had the baby and then sued the doctor for child support. How about suing him/her for the cost of an abortion? (Which wouldn't be necessary in Germany where abortions are paid for by the state.)

What a disgusting woman. Yes, put the baby up for adoption.

The difference between parents and non-parents: I sent Dan that story, and it never even entered my mind to consider the consequences of this suit for the child's mental health. My only concern with children is that enough of them make it to college age to keep me employed.

That baby is a big blank check to her, why would she give it up for adoption? That is so so sad.

(The kid was born on my birthday. Watch out world, there's one more attention-seeking and scorned Sagittarius on the rise!)

The kid's a Sag? Oh man, that mom better do right by that kid or she'll be sorry. Vengence is our speciality.

What the hell kind of last name is Raper?!!! And Dan, if she went in to have a tumor removed and the doctor failed to do so shouldn't he be responsible for the incurring medical costs? There are many women that feel some sort of stupid bond with the little paristites they shit out. Maybe once she got the thing out of her she felt some sort of connection to it. I think she should get the cost of raising the child whether she keeps it or not. Any woman that is forced to have some slimy bald little terror crawl out of her genitals deserves serious cash money. The first thing she should spend the money on is a name change. I mean if she had a son is going to be known as Master Raper in his youth or Mr. Raper when he fills out job applications?

I would like to know what medical problems the kid has now, or might in the future. If the kid has medical problems due to the failure of the doctors in the first place, she should get financial help (it must be hard to put a developmentally or physically disabled child up for adoption).

Um, I'm getting the feeling that this woman shouldn't have a choice about giving this kid up. Any woman with this attitude should have the kid taken away.

Anyone else a bit suspicious that nobody "detected" a baby at FIVE MONTHS?

I don't know what your motivation would be behind claiming you had a failed abortion and then went to see a stupid doctor, but I think this woman sounds a little unbalanced (again: going high-profile with the allegation that your child was a mistake, and then keeping that child, doesn't say much for sanity). Too bad Planned Parenthood didn't comment on the case at all.

She could have been really REALLY fat.

Captain Obvious (@10) - you make Dan Savage seem like Dr. Laura!

I'd think the proper measure of damages would be what it would cost her to euthanize the child.

Maybe she wanted an abortion because she was not financially able to provide for a child and not emotionally able to do an adoption. Because of the doctors' negligence, she now has a child who she cannot provide for. She is still unwilling to giver her parental responsibilities to someone else for emotional reasons. The doctor owed her a duty of care, he was negligent, and his negligence caused damages. So she has a case, and she's decided to go forward. Maybe she'll be a good parent anyway.

Also, she did not try to kill her daughter. She tried to prevent a nameless, unknown child from coming into the world. Not wanting to have children is not the same thing as not wanting her daughter, and it is possible that someday her daughter will understand this.

Re #16. So the price of a plastic bag and some duct tape? She deserves more than $2.99.

Re # 9: No, vengeance is the Scorpio's specialty. Sags just throw noisy and unruly tantrums (see Spears, Britney.)

Hey, the baby was born on my birthday too! I'm totally not vengeful though, I have no idea what the rest of you are talking about.

Is it really legal to kill a baby 5 months in the womb? I'm marginally pro-choice but couldn't she have done this sooner. I hope that dumb bitch is sterilized and the kid seized.

I feel horrible for that kid. I found out when I was 16 from an aunt with diarrhea of the mouth that my conception was accidental and my father pushed hard for abortion. Since my mom is Catholic, she didn't want to, so apparently my father wasn't at all supportive throughout the pregnancy and right after I was born. My mom worked full time as a university professor, plus taking care of me and my three older brothers, so I can only imagine what a horrible time that was for her.

After I found out about all of it, it really strained my relationship with my father, especially because we had become quite close. 8 years later and things still aren't great between us. It's a horrible feeling to know that your parent(s) didn't want you, and I can imagine it would be ten times worse if you knew your mother didn't even want to pay for your upbringing.

In most States it is legal to terminate a pregnancy until the end of the second trimester (or until six months of gestation.)

The legal limits on first trimester (first ten weeks after conception) tend to be much more lenient.

The division between the first and second trimester is a significant one during development: At the end of the first trimester, most major organ systems are in place, if not yet mature or fully functional.

she was less than two months pregnant when she sought the abortion.

she was examined by another doctor at 20 weeks -- more than two months after what she thought was an abortion.

read a damn story.

and golob, you are overstating the case by a LONG shot -- in most states *SOME TYPE* of abortion is legal through the second trimester. second trimester abortions are usually far more limited by factors like rape, incest, health of the woman, or viability/health of the fetus.

Well that women should not be given the money, cause it is mostly her fault cause she knew she was pregnant, but waited to damn long to have the abortion. In my opinion that late of a pregnancy is considered man slaughter, also how can you not tell that you are pregnant.

Well that women should not be given the money, cause it is mostly her fault cause she knew she was pregnant, but waited to damn long to have the abortion. In my opinion that late of a pregnancy is considered man slaughter, also how can you not tell that you are pregnant.

also, few places have an open adoption option. i'm an idiot, but if i didn't know who was going to get my spawn, you'd bet i'd choose me over some unknown potential whack job. if i were poor and could make that kid's life easier by suing a doctor that fucked up, i just might do that too.

Actually, Chuckles, that is not the case. There are open adoption options everywhere throughout the US, not through the state system but through private non-profit agencies. So it is always possible.
Not to mention that with traditional adoptions the families have to go through a pretty exhaustive and long approval process so although some weirdos could always sneak through, your "unknown potential whack job" is unlikely. Don't underestimate how strongly people who have been through it will feel about this.
Maybe you were being facetious, but attitudes like you express are part of why great potential families who can't/ don't have biological children don't get the chance to adopt. I'm with Dan on this one. What a tragedy for the kid to be raised with this knowledge when she could have been raised by a loving family who actually wanted and waited for her.

I disagree with you on this one Dan. Once again I believe this is a CHOICE issue. She did not want to put the kid up for adoption in the first place, she choose to have an abortion. However, the abortion was unsuccessful so now she has two choices; raise the baby or put it up for adoption.

It's her choice and you certainly don't know all the thinking that went into her process. It's also wrong to assume that just because a woman initially chose to have an abortion that she would be incapable of loving a child. Women make these choices all the time.

Quite frankly I am blown away by the attitudes on this post. Sounds like many of you would pubically stone this poor woman. I think she has a really good point.

#29 again, if you actually READ THE STORY you are commenting on, you would see that the woman's stated reason for seeking an abortion was the inability to financially support a child, not "i hate babies."

she may have desperately wanted a child, but have been unselfish enough to realize that *wanting* to be a parent is NOT enough justification for becoming one.

I'm going to have to disagree with those who condemn this woman- If you actually read the article, her reasons for aborting the pregnancy were inability to financially support a child. It was not a matter of wanting or not wanting a child so much as being financially ready. Now, due to mistakes made by doctors, she has a child whether she can afford it or not- and maybe now that she has it, she wants the opportunity to love and care for her child. She still can't afford it, and if she gives it up for adoption, she'll be forcing other people to pay for it's upbringing... why not sue the negligent doctors for diaper money? They're the ones that got her into this mess!

Deciding that an abortion is something you need is not the same as never wanting children, or not being able to love your own child. It's one of the most personal decisions in the world, and I doubt she took it lightly. There are millions of people out there that would have judged her a bad person for having the abortion, and now she wants to keep it and she is getting even more judgement!
Considering all the stupid people out there who sue over spilled hot coffee and incredibly inane bullshit, I don't think she's out of line at all.
But that's just me.

it IS medical malpractice, after all, so suing is not out of order. i believe the term is "wrongful birth"--no shit.

Hi Jim. You letter i received. Thanks! Photos is GREAT!!!!

Hi Jim. You letter i received. Thanks! Photos is GREAT!!!!