A federal lawsuit was recently filed in Colorado against an abortion doctor and his abortion clinic for the alleged failure to remove all of the fetal tissue during an abortion, leading to the female plaintiff suffering sterility. The plaintiffs (husband and wife) also allege that the defendants failed to advise them regarding the risk of fetal remnants being left behind after an abortion.
The plaintiffs, who reside in Nebraska, allege that the wife was nearing the end of her second trimester of pregnancy when an MRI found that her fetus was suffering from severe cerebral abnormalities that would likely limit the baby’s life to less than one year, if the baby survived birth. After much thought and consideration, and consultation with medical professionals, the plaintiffs made the difficult decision to proceed with the abortion.
The plaintiff had an abortion at the defendants’ Boulder, Colorado abortion clinic on December 3, 2013, after which the defendant abortion doctor advised the plaintiffs that all of the fetal tissue had been removed. Unbeknownst to the plaintiffs, the defendant doctor allegedly left a 4 centimeter piece of the fetus’ skull inside of the woman.
The plaintiffs did not become aware that the skull fragment had been left behind until 2014, when the woman began having spotty bleeding due to the skull fragment having become lodged in her uterus, which required surgery to remove her uterus.
As a result, the plaintiffs allege that the woman is now sterile and she suffered severe pain and mental anguish. Their Colorado medical malpractice lawsuit filed in the federal court seeks compensatory damages in excess of $75,000.
The defendant abortion clinic states on its website, “Our purpose is to provide the safest possible abortion care and termination of pregnancies for fetal anomalies or other medical indications. Abortion care is always provided in a confidential, comfortable, and dignified outpatient setting for women world-wide.”
The defendant abortion doctor states on the clinic’s website, “Most women who seek abortion services are in their early reproductive years and wish to have children in the future. In addition to a primary concern for patient safety and the avoidance of surgical complications, it is imperative to preserve the possibility of future reproduction for women seeking abortion services. This concern underscores my total commitment to safety in all aspects of abortion care.”
The defendant abortion doctor has been licensed as a medical doctor in Colorado since July 1, 1966, and there is no record of disciplinary or medical board action on file for the defendant.
If you or a loved one suffered injuries due to the medical negligence of an abortion doctor or other medical professional in Colorado or in another U.S. state, you should promptly seek the advice of a medical malpractice lawyer in Colorado or in your state regarding your legal rights.
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