BOSTON --A Boston woman who gave birth after a failed abortion has filed a lawsuit against two doctors and Planned Parenthood seeking the costs of raising her child.
Raper claimed in the three-page medical malpractice suit that she found out she was pregnant in March 2004 and decided to have an abortion for financial reasons.
Dr. Allison Bryant, a physician working for Planned Parenthood at the time, performed the procedure on April 9, 2004, but it "was not done properly, causing the plaintiff to remain pregnant," according to the complaint.
Raper then went to see Dr. Benjamin Eleonu at Boston Medical Center in July 2004, and he failed to detect the pregnancy even though she was 20 weeks pregnant at the time, the lawsuit alleges.
It was only when Raper went to the New England Medical Center emergency room for treatment of pelvic pain in late September that year that she found out she was pregnant, the suit said.
She gave birth to a daughter on Dec. 7, 2004.
She is seeking damages, including child-rearing costs.
Raper and her lawyer, Barry C. Reed Jr., refused comment when contacted by The Boston Globe.
A spokeswoman for Planned Parenthood said the organization does not comment on pending litigation.
Neither doctor responded to requests for comment.
Raper alleges in the suit that Planned Parenthood and Bryant were negligent for failing to end her pregnancy and that Eleonu was negligent for failing to see she was still pregnant.
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.
As with all medical malpractice suits in Massachusetts, Raper's complaint will have to be screened by a tribunal consisting of a Superior Court judge, a lawyer, and a doctor to determine whether it has merit to go to trial.
Sounds like she will win. She paid for a procedure and they failed to do it properly. No different than breast implants or an oil change. If you paid for it, it should be done properly or else the person/company that did it incorrectly takes care of any costs/damages.
Can't say I've heard this one before, but I don't see why she wouldn't win.
Yes doctor, I am sick. Sick of those who are spineless. Sick of those who feel self-entitled. Sick of those who are hypocrites. Yes doctor, an army is forming. Yes doctor, there will be a war. Yes doctor, there will be blood.....
Madison wrote:No different than breast implants or an oil change.
Sounds like a winner... Jiffy Boob...
Maine has a good swing for a pitcher but on anything that moves, he has no chance. And if it's a fastball, it has to be up in the zone. Basically, the pitcher has to hit his bat. - Mike Pelfrey
Madison wrote:Sounds like she will win. She paid for a procedure and they failed to do it properly. No different than breast implants or an oil change. If you paid for it, it should be done properly or else the person/company that did it incorrectly takes care of any costs/damages.
Can't say I've heard this one before, but I don't see why she wouldn't win.
We actually looked at something similar to this a law class last semester. The difference was that they were trying to get pregnant, never worked so they got a vasectomy that didn't work and ended up getting pregnant. They had totally changed there lifestyle (it was 5 years later) both had full time good paying jobs, accepted they couldn't have kids etc. They lost b/c the court said it would be unjust enrichment b/c they wanted the baby earlier
Madison wrote:No different than breast implants or an oil change.
Sounds like a winner... Jiffy Boob...
Serves me right I guess for including a medical practice and one that isn't a medical practice as examples.
Then again, "Jiffy Boob" would mean no more flat chested girls! *runs off to get copyright and trademarks*!
Yes doctor, I am sick. Sick of those who are spineless. Sick of those who feel self-entitled. Sick of those who are hypocrites. Yes doctor, an army is forming. Yes doctor, there will be a war. Yes doctor, there will be blood.....
Cafe Home
Fantasy Football
Fantasy Basketball
Fantasy Hockey
by deerayfan072 » Wed Mar 07, 2007 12:46 pm 
*runs off to get copyright and trademarks*! 
