After a legal abortion at seven weeks failed to terminate her pregnancy, a 24-year-old Spanish woman successfully sued her doctor — and is now entitled to $1,250 a month in child support until her son is 25.
• Has there ever been a case like this?
• Was the sentence fair?
• And, perhaps most important, how would you explain this to the child?
Two weeks after the mother’s appointment, her doctor told her that a scan proved the abortion was successful. According to Judge Francisco Pérez, the doctor had paid virtually no attention to the scan. It lasted just “three minutes and I was out again,” the mother says. “It was: ‘You are fine, off you go and carry on with your life as normal.’”
Three months later, she was convinced she had become pregnant again — but a fresh scan revealed that it was the original pregnancy. She was six months in. After 22 weeks, abortions are illegal in Spain. She had the baby.
She had hidden her pregnancy from her parents, but confessed when the child was born. Her mother hired lawyer Eva Munar, who successfully sued the doctor for nearly $188,000 in damages plus maintenance payments of nearly $1,000.
The doctor’s lawyers say they plan to appeal against the decision.
The mother says she’s living off her parents, and “it shouldn’t be like that.” Judge Perez also notes that the mother had suffered stress over the effects her abortion attempt might have had on her child.
But the baby was born healthy. The mother says she’s had to “accept things. … There is no other option. I’m happy with my son. … When I have to explain all this to him, I’ll try to make sure that he feels OK about it. It was back then that he was not wanted, not now.”
“Obviously this has changed her life,” says Munar. “This is not what she was planning and she certainly didn’t expect it to happen after visiting the clinic.”
“There has never been a case like this before in Spain,” she adds. “We don’t know if it has ever happened anywhere else in the world.”[The Guardian]
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