Wednesday, April 05, 2006

Woman who gave birth after abortion wins suit

Apr. 4, 2006. 11:50 PM

MONTREAL (CP) — A Montreal hospital has been ordered to pay $45,000 in damages to a woman who gave birth to twins, several weeks after undergoing an abortion.
Saoudat Batoukaeva went to the St-Luc Hospital on March 26, 1999 to have an abortion.
An analysis following the procedure was supposed to find no fetal tissue or placenta. Scientific literature suggests the continuation of a pregnancy is very rare, an expert testified in court.
After the pregnancy was confirmed three weeks later, officials immediately attempted to get the woman to return to the hospital. But she had moved to Toronto.
A nurse called the phone number she left twice, and a letter was sent to her address. But the Russian-born woman, who doesn't speak English or French, never received the letter.
An examination in July revealed she was carrying twins. The 40-year-old woman gave birth two weeks later to the babies, born at 25 weeks gestation.
Quebec Superior Court Justice Michel Caron concluded that doctors followed the rules but should have done more to find the woman.
"It was a very special case which, because of its seriousness, required a special follow-up," he wrote.
Caron added the woman was at fault for not going for a required follow-up appointment.
Consequently, he awarded the woman and her husband half the $90,000 they were seeking.

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