save the kid... retro-abort the mother!!! she's a useless lump of cells anyway.
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.
I meant doesn't
And if they were identical twins, she killed one that looks just like the one that escaped. She must not have any shame.
If they're identical, don't they share a placenta? Based on my tiny medical knowledge I would guess fraternal twins. Not that it makes any difference morally.
This little girl will not only feel a loss of the twin - they are inseparable, emotionally, even when they don't know the other exists, or would have - and learn that her mother not only killed her twin and tried to kill her, but is so furious that she survived that she's adding to that crime by dragging this poor child through her sewer...It isn't even bad enough that the child would find out about it in later years, but now the world knows who she is. Imagine the peer jeers.
I hope this child gets bit of retribution one day by divorcing her mother and suing her for pain and suffering...and that momma dearest dies broken, alone and reviled ...living a long life in that condition
Exactly - the only small hope of growing into a stable adult...growing up with someone who CHOSE her and values her
Good point. I'm not sure if an identical could survive in a situation like that or not.
My wife and I would love to have a little sister for our son. It makes me sick that anyone would want to destroy such a wonderful gift. If she doesn't want her we'll take her, but she probably only wants the money.
save the kid... retro-abort the mother!!! she's a useless lump of cells anyway.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.