Photo: Spanish Doctor Will Pay Monthly Child Support to Woman After Abortion Botched
A Spanish gynecologist is now financially responsible for a baby after he failed to properly perform an abortion.
In April 2010, a woman whose name has not been released, sought to terminate an unwanted pregnancy and went to a clinic to do so. However, the doctor botched the procedure and the woman left the clinic not knowing she was still pregnant.
Three months later, the woman, believing she was pregnant once again, went to the clinic for another abortion. After an ultrasound, however, she was shocked to learn she was not pregnant again, but rather still pregnant.
At this point, the woman was 5 months pregnant and the clinic was no longer legally able to terminate the pregnancy, as the legal time limit is 14 weeks. The clinic offered her a refund for the initial abortion and suggested a clinic in Barcelona where they might perform a late-term abortion. However, when she arrived, they too refused.
The mother gave birth to a healthy baby boy and though she had sought to terminate the pregnancy, she (through her lawyer) has stated she does not regret having the child.
“When the day comes for me to explain to my son what happened I will tell him hoping he understands,” the mother said through her lawyer, Eva Munar. “I didn’t want him when I went to have an abortion but that’s not the case now.”
For his negligence, the gynecologist has been ordered by Judge Jose Perez Martinez to pay the mother 150,000 euros ($186,255) in “moral damages” as well as 978 euros (about $1214) a month until the child, now 18 months old, turns 26.
This sentence marks a legal first in Spain, especially considering abortions have only been legal in Spain since 2010. Before then, abortions were only legal in cases of rape, serious deformity, or if a woman’s health was at risk.
The gynecologist is seeking to have the sentence overturned in an appeal.