A federal judge decided against a woman who sued a doctor following a botched abortion, claiming his poorly performed operation was the reason she can longer have children.
The unnamed woman sued Colorado doctor Warren Hern as well as the Boulder Abortion Clinic, charging them with medical malpractice after it was discovered roughly a year after the woman’s abortion that part of her aborted baby’s skull had embedded in her uterine wall, the Lincoln Journal Star reported Tuesday.
The skull appeared on an ultrasound that showed a curved portion of the baby’s skull cutting into her uterine wall. The woman’s attorney, Terry Dougherty, says Hern did not adequately warn her of the risks and should be held liable for botching the abortion.
Judge Philip Brimmer and jurors in the case, however, ruled Hern had not been negligent and that there was not medical malpractice.
“Experts testified that Dr. Hern in fact exceeded national standards in the care he provided, that his complication rate is one of the lowest in the nation, and that this complication occurred despite the high level of care provided,” said Amy Cook Olson, Hern’s attorney, the Journal Star reports. Brimmer also dismissed the clinic from the suit before Monday’s jury deliberations.
The woman had an abortion on Dec. 6, 2013, after she learned her baby was missing parts of its brain, was expected not survive even a year after being born, and that delivery would put her life in danger.
The anonymous woman has not indicated whether she will appeal the ruling. (RELATED: Man Found With Aborted Baby Parts In His Car Gets A Mere Slap On The Wrist)
Abortion doctor Michael Arthur Roth also recently got off in Michigan with a less than $800 fine and 18 months probation in a Macomb County Circuit Court, for possession of dozens of aborted baby parts in his car, according to LifeNews. Roth was accused of performing illegal late-term abortions and falsifying medical records to cover it up.
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