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Ohio woman files medical malpractice lawsuit for failed procedure

Most Ohio residents are used to hearing about legal battles being waged related to the topic of abortion. A recent medical malpractice lawsuit filed against a doctor at one Ohio clinic that performs the procedure, however, relates to an unusual set of circumstances.

When an Ohio woman and mother of a preschool aged son learned she was pregnant with a second child, she hoped for good news. During her first pregnancy, the woman learned she had a rare genetic medical condition called uterine didelphys which results in sufferers having a double uterus. During her first pregnancy, the woman carried her son in her healthy left uterus. Doctors cautioned the woman, however, that her right uterus was not able to carry a fetus to full-term and that attempting to do so could put both her life and that of an unborn baby in danger.

Upon learning she was pregnant again; the woman and her fiancé learned the dreaded news that the fetus was being carried in the right deficient uterus. After learning of the severe risks associated with attempting to carry a baby to full-term, the woman made the painstaking decision to undergo an abortion.

She visited an Ohio clinic, the procedure was performed and she left eager to put the whole horrible ordeal behind her. A week later, however, she was admitted to the ER after suffering horrible pains. Upon performing an ultrasound, the doctor informed the woman that she was still pregnant. Shocked, the woman and her fiancé made the difficult decision to attempt to continue with the pregnancy.

During the months that followed, the woman was hospitalized several times and closely monitored by doctors specializing in high-risk pregnancies. Due to her medical condition, she lived in constant fear for her life and that of her unborn child throughout the entire pregnancy. Thankfully, the woman gave birth successfully via C-section to a healthy baby girl.

She recently filed a medical malpractice lawsuit against the doctors and clinic at which she attempted to undergo the abortion. In the lawsuit, the woman cites the intense emotional pain and mental anguish she was forced to endure as a result of the negligent acts of both the doctor and clinic.

Source: Akron Beacon Journal, "Mother delivers healthy baby and lawsuit after unsuccessful abortion," Phil Trexler, March 15, 2013

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