The caller simply wanted to tell someone that she had been injured by abortion. She was 38-years-old and soft-spoken. “When I was 17,” she said, “I went to a judge to get an abortion, and I never told my parents. I still feel bad about that.” Twenty-one years later, she is still suffering.
Hers was the first call to the Abortion Malpractice Hotline, coming just 24 hours after the billboard in Boston had been installed to announce MCFL’s project to provide free legal help for those who have been injured by abortion. Unfortunately, the caller’s regret, though genuine, was not an “injury” for which free legal assistance was available.
This is because the “injury” to which the billboard refers is a physical injury due to medical malpractice the negligence of a physician that occurred in the course of an abortion. When the competency of and care taken by a health care provider in performing or advising about a medical procedure falls below an acceptable standard and causes a patient to sustain a physical and/or serious emotional injury, the practitioner is liable to pay damages. Medical malpractice can and does occur in the performance of abortions.
Sadly, few women who have been the victims of abortion malpractice pursue legal action. Some may not realize that they have the right to seek compensation for personal injury due to medical negligence. Some may believe they are not “deserving” of compensation or erroneously blame themselves if they are harmed. Others may simply not know where to turn for help. This was the case with another recent caller to the Hotline. In broken English she explained that she had had an abortion several years ago and questioned whether a later miscarriage had been caused by something that occurred during the abortion. She had not pursued a legal claim at the time because she “just didn’t know who to talk to”. Unfortunately, her time to file such a claim had run out years earlier, forever barring an action for damages. Call us to learn more about the hotline at 617-242-4199.