A couple from Nebraska is suing a doctor in Colorado, seeking more than $75,000 in damages, after it is alleged he botched an abortion procedure and left his patient sterile.
The federal claim, Debuhr et al v. Hern et al, was was filed in Colorado District Court in Denver.
Plaintiff asserts the physician’s negligence forced her to undergo a subsequent procedure to have her entire uterus removed. The lawsuit alleges the physician and the clinic are responsible for negligence after the doctor left a piece of the fetus’ skull inside her body.
While the physician’s website promises patients the “safest possible abortion care and termination of pregnancies for fetal anomalies,” that is not what plaintiff alleges she was given.
Plaintiff explains in her lawsuit, as detailed by The Denver Post, that she was nearing the end of her second trimester when there were indications of a potential problems. She underwent an MRI at a hospital in Nebraska. That test revealed the baby suffered severe cerebral abnormalities. Health care providers for the woman and child informed her that if the child were to survive delivery, he would die within his first year of life.
The couple agonized. They met with numerous other medical specialists for second opinions. They consulted extensively with each other. Ultimately, they decided the best course of action in the interest of the mother’s health was to terminate the much-desired pregnancy.
In Nebraska, there are a total of five abortion providers and three clinics in the entire state. (By comparison, Florida has 88 abortion providers, with 72 clinics; this represents a 3 percent decline in overall providers since 2008.) Additionally, there are a number of restrictions on abortion that recently went into effect.
All this may have affected the couple’s choice to go out-of-state for the procedure, which was carried out in December 2013. At the time, the doctor informed plaintiff all fetal tissue had been removed. However, this was not in fact the case. In reality, there was still a 4-centimeter piece of bone still inside of her.
Neither the doctor nor anyone at the clinic warned plaintiff about the potential risks of the operation or about the fact that there was any chance fetal bone or tissue would be left inside after completion of the procedure. There were no tests ordered to make sure all tissue had been removed.
Within several months, plaintiff began to experience spotty bleeding. That morphed into mild discomfort to severe pain. As it turned out, the bone fragment had become lodged in her uterus. This left doctors no choice but to remove her uterus entirely. With this, she lost her ability to conceive a child and has suffered permanent injury, including mental anguish.
Medical malpractice claims against abortion providers often allege claims like:
- Failed abortion due to medical negligence;
- Wrongful birth as a result of error;
- Hemorrhage caused by procedure;
- Damage to womb or cervix;
- Other types of abortion-related injuries.
Damages from such cases may include:
- Medical bills
- Lost wages
- Corrective treatment costs
- Rehabilitation costs
- Out-of-pocket expenses
- Mental and emotional distress
- Pain and suffering
- Loss of consortium (by spouse)
- Legal costs
If you have been injured as a result of medical negligence by an abortion provider, call our offices today.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.
Woman Sues Boulder abortion doctor for injury causing sterility, Dec. 1, 2015, By Kirk Mitchell, The Denver Post
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Study: Medication Mistakes Happen in at Least Half of All Surgeries, Nov. 5, 2015, West Palm Beach Personal Injury Attorneys