Suit for Wrongful Birth? - Fantasy Baseball Cafe 2015 Fantasy Baseball Cafe
100% Deposit Bonus for Cafe Members!

Return to General Talk

Suit for Wrongful Birth?

Moderator: Baseball Moderators

Suit for Wrongful Birth?

Postby deerayfan072 » Wed Mar 07, 2007 12:46 pm

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.
Image
deerayfan072
Hall of Fame Hero
Hall of Fame Hero

User avatar
Cafe WriterCafe RankerMock(ing) DrafterEagle EyeWeb Supporter
Posts: 13448
(Past Year: 31)
Joined: 15 Apr 2005
Home Cafe: Football
Location: Tampa

Postby slomo007 » Wed Mar 07, 2007 12:52 pm

Her name is Raper? :-o :-o
slomo007
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicEagle Eye
Posts: 11960
Joined: 31 May 2003
Home Cafe: Baseball

Postby Madison » Wed Mar 07, 2007 12:52 pm

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
Mod in Retirement
Mod in Retirement

User avatar
ExecutiveEditorCafeholicFantasy ExpertCafe WriterCafe RankerMock(ing) DrafterEagle EyeCafe SpotterInnovative MemberCafe MusketeerPick 3 ChampionMatchup Meltdown SurvivorLucky Ladders Weekly Winner
Posts: 53856
(Past Year: 1)
Joined: 29 Apr 2003
Home Cafe: Baseball
Location: Taking Souls...

Postby Amazinz » Wed Mar 07, 2007 12:56 pm

Madison wrote:No different than breast implants or an oil change.

Sounds like a winner... Jiffy Boob... :*)
Image
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
Amazinz
Mod in Retirement
Mod in Retirement

User avatar
CafeholicFantasy ExpertCafe WriterCafe RankerMock(ing) DrafterEagle EyeWeb SupporterPick 3 Weekly WinnerSweet 16 SurvivorLucky Ladders Weekly Winner
Posts: 18800
Joined: 16 Mar 2004
Home Cafe: Baseball
Location: in Canada, toughening up figure skaters

Postby deerayfan072 » Wed Mar 07, 2007 12:57 pm

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
Image
deerayfan072
Hall of Fame Hero
Hall of Fame Hero

User avatar
Cafe WriterCafe RankerMock(ing) DrafterEagle EyeWeb Supporter
Posts: 13448
(Past Year: 31)
Joined: 15 Apr 2005
Home Cafe: Football
Location: Tampa

Postby TheRock » Wed Mar 07, 2007 1:00 pm

Amazinz wrote:
Madison wrote:No different than breast implants or an oil change.

Sounds like a winner... Jiffy Boob... :*)


:-D :-D :-D :-D :-D :-D :-D
Image
TheRock
General Manager
General Manager

User avatar
CafeholicCafe WriterMock(ing) Drafter
Posts: 3055
(Past Year: 6)
Joined: 16 Apr 2003
Home Cafe: Baseball
Location: America's Heartland

Postby Madison » Wed Mar 07, 2007 1:04 pm

TheRock wrote:
Amazinz wrote:
Madison wrote:No different than breast implants or an oil change.

Sounds like a winner... Jiffy Boob... :*)


:-D :-D :-D :-D :-D :-D :-D


:*)

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! :-B *runs off to get copyright and trademarks*! :-B
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
Mod in Retirement
Mod in Retirement

User avatar
ExecutiveEditorCafeholicFantasy ExpertCafe WriterCafe RankerMock(ing) DrafterEagle EyeCafe SpotterInnovative MemberCafe MusketeerPick 3 ChampionMatchup Meltdown SurvivorLucky Ladders Weekly Winner
Posts: 53856
(Past Year: 1)
Joined: 29 Apr 2003
Home Cafe: Baseball
Location: Taking Souls...

Postby StlSluggers » Wed Mar 07, 2007 2:00 pm

slomo007 wrote:Her name is Raper? :-o :-o

I thought this article was going to be about someone who'd been raped...

How did she not know she was still pregnant?
StlSluggers
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicCafe WriterMock(ing) DrafterWeb Supporter
Posts: 14716
Joined: 24 May 2004
Home Cafe: Baseball
Location: Parking in the gov't bldg @ 7th and Pine. It's only $3.00 on game day!

Postby deerayfan072 » Wed Mar 07, 2007 2:04 pm

StlSluggers wrote:
slomo007 wrote:Her name is Raper? :-o :-o

I thought this article was going to be about someone who'd been raped...

How did she not know she was still pregnant?


you know i didn't even think about that :-?
Image
deerayfan072
Hall of Fame Hero
Hall of Fame Hero

User avatar
Cafe WriterCafe RankerMock(ing) DrafterEagle EyeWeb Supporter
Posts: 13448
(Past Year: 31)
Joined: 15 Apr 2005
Home Cafe: Football
Location: Tampa

Postby Omaha Red Sox » Wed Mar 07, 2007 2:07 pm

I hope this child sues her mother for her mistake.... :-[ :,-(
Omaha Red Sox
Hall of Fame Hero
Hall of Fame Hero

User avatar
CafeholicCafe WriterCafe RankerMock(ing) DrafterEagle Eye
Posts: 11421
(Past Year: 5)
Joined: 29 Jun 2005
Home Cafe: Football
Location: Probably over there

Next

Return to General Talk

Who is online

Users browsing this forum: No registered users and 6 guests

Forums Articles & Tips Sleepers Rankings Leagues


  • Fantasy Baseball
  • Article Submissions
  • Privacy Statement
  • Site Survey 
  • Contact