On January 22, 2018, a Colorado medical malpractice jury found in favor of an abortion doctor who performed a late-term abortion on the plaintiff and left more than a half of the baby’s skull imbedded in her uterus. The 79-year-old late-term abortion doctor was accused of negligently performing the abortion at 25 weeks gestation.
The Colorado medical malpractice jury determined that the plaintiff had indeed been injured but that the defendant’s actions were not the cause of her injuries. The jury deliberated for just over two-and-a-half hours before reaching the defense verdict.
The incomplete late-term abortion was performed on December 6, 2013, after the woman and her husband were told by a doctor that their baby was missing part of its brain, that the baby might not survive delivery, and that delivery posed a substantial risk to the mother. The Nebraska couple went to the Colorado abortion facility because Nebraska law bans abortions after the 20th week of pregnancy.
Fourteen months after the late-term abortion procedure, the woman had surgery during which the surgeon discovered that more than one-half of the aborted fetus’ skull had been left behind during the incomplete abortion that was slicing into her uterus. The woman had to have a hysterectomy after multiple attempts to remove the bone fragment caused a perforation of her uterus.
The plaintiff alleged in her Colorado medical malpractice lawsuit that had the defendant abortion doctor completed the abortion competently, she would not have had to undergo the hysterectomy.
The defendant surprisingly admitted that he had left bone fragments of fetuses in women following late-term abortions that he had performed in the past, after which he successfully removed those left-behind fragments during subsequent procedures. The defendant’s admission was made in support of his contention that had the plaintiff returned to him after he had left part of her baby’s body in her, he would have successfully removed the remnant and she would not have had to have a hysterectomy.
The president of an anti-abortion group stated after the defense verdict was announced, “This important admission that [the defendant abortion doctor] had left bone fragments in many women during incomplete abortions spoke more to his incompetence than it did to his expertise. It is unbelievable that the jury found leaving half a baby’s skull in the womb was not a negligent act, nor was it responsible for her injuries. It’s like the jury was living in an alternate reality.”
The president of the Christian-based anti-abortion group further stated: “The lessons we can learn from this case is that abortion is not safe, and when bad things happen during abortions, as they so often do, there is no guarantee that the abortionist will ever be held accountable. We must continue to expose abortion horrors so the public can learn the truth about the barbaric nature of child-killing, and we must work to root out the political corruption wherever it is found that is enabling incompetent and negligent abortionists to remain in business.”
If you have been injured during an abortion in the United States, you should promptly find a medical malpractice attorney in your state who may investigate your possible medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your state who may assist you.
Turn to us when you don’t know where to turn.