Dow posing with her hopefully winning lottery ticket.
Posted on 06/22/2006 2:55:56 AM PDT by beaversmom
A mother seeking damages from a health authority has claimed doctors breached a "warranty" by failing to abort one of her twins.
Stacy Dow, 21, is claiming £250,000 compensation to cover the cost of raising the one child which survived the failed attempt to abort twins.
A court heard doctors effectively give a warranty that the abortion, at Perth Royal Infirmary, would work.
NHS Tayside denied liability in the case at Perth Sheriff Court.
Miss Dow was told that she would be having an abortion and would no longer be pregnant, the court was told.
'Breach of contract'
Her lawyer Andrew Smith told the civil hearing she had not been warned that the procedure might not work and assumed it was guaranteed to be successful.
He said: "The big issue is the question of whether you can bring a claim for breach of warranty in a case where there's a promise to achieve a result - an abortion - and that fails.
"We are saying that if no warning is given then there is a breach of warranty."
Ms Dow, who had her daughter Jayde when she was 16, made the claim against Tayside University Hospitals NHS Trust, which has since become part of NHS Tayside.
She say the trust failed to properly carry out the abortion at Perth Royal Infirmary in January 2001, constituting a breach of contract.
She said she did not realise she was still pregnant until it was too late to have a further abortion of the surviving foetus.
'Statutory obligation'
But the health authority stated that doctors did warn Miss Dow about the possibility she could still be pregnant.
Advocate David Stephenson, representing the trust, said Miss Dow was wrong to suggest there was a legal contract between her and the hospital.
He told the court that because the NHS was a public body it had a statutory obligation to treat patients, but there was no "contract" between the patient and the doctor.
"What she is saying is she had a contract," Mr Stephenson said.
"NHS patients don't contract with health trusts or health boards for medical treatment."
Sheriff Michael Fletcher, who is hearing the case, will decide later whether it should go forward to the next stage - a proof with both sides giving evidence.
Dow posing with her hopefully winning lottery ticket.
Poor kid is going to grow up with serious mental health issues.
Poor child. To think when she grows up she has to face the fact that her mother tried to kill her.
I can't help but wonder what her daughter thinks about all of this... truly a sad situation. She would've been better off being adopted, IMHO -- just judging from this one article of course.
This is SICK, SICK, SICK!
A lawsuit like this should result in the child being made a ward of the court and allow for adoption into a family that wants such a beautiful thing.
She's been pursuing this for a little while now. I've read articles from last year and maybe even before that.
This is the most repulsive (non Islamic terrorist) thing I've read in a long time. This poor girl.
I can't comprehend how the little girl will feel when she finds out her mother wanted her dead, and she lived only by mistake. That wasn't the only time her mother wanted her dead however, as a second attempt failed because it was too late to perform the homicide. Exhausted by the murder attempts, her mother now works to profit out of frustration and anger. I guess some people have a special place in hell, some have a special place in heaven, and some have one heck of a guardian angel watching over them.
Here are some other articles posted on FR. I guess they weren't from that long ago. One from March of this year and the others from late last year. I know I posted another one about this same story but I can't find it now.
Woman Sues For Wrongful Birth of Surviving Twin After Failed Abortion
March 21, 2006
http://www.freerepublic.com/focus/f-news/1600598/posts
Woman Sues Scottish Abortionists for Support of Surviving Twin
December 8, 2005
Woman Sues Scottish Abortionists for Support of Surviving Twin
December 7, 2005
http://www.freerepublic.com/focus/f-news/1537104/posts
Disgusting.
Reminds me of the Joan Rivers 'joke' about feeling unwanted as a kid....and wondering if it was because she was born with a coat hanger sticking out of her head....(the lefts humor escapes me)
In Joan Rivers case I wonder why they never removed that coat hanger.
Jayde deserves better than this. Such a beautiful little girl. Can you imagine what the kids on the playground will be saying to her??
If enough women sue for failed abortions, maybe the malpractice insurance will be too high and doctors will start getting out of the business.
not only that her mother tried to kill her, but also that she wanted money for the fact that her child lived. It's not like mom had the baby and went "Oh, thank God you survived what a horrible mistake." Rather, her reaction was "Da** it, now look what you've done."
The poor child also has to live with the fact that mommy dearest killed her twin.
Sick, hateful, and selfish! How can this woman do this without a pang of guilt? Wouldn't you think she would want to conceal the fact that she tried to murder her daughter to spare her daughter the grief? If this child does grow up hating her mother it will be a miracle.
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