By Hilary White
PERTH, December 7, 2005 (LifeSiteNews.com) – A Scottish court has set a date for the case of a woman seeking damages from her abortionist for failing to kill both of her twin daughters. Stacy Dow is suing the Perth Royal Infirmary after the hospital sent her home still pregnant with the surviving child, Jayde, now four.
“I have got a child now that I wasn’t planning to have and I believe the hospital should take some responsibility for that,” Dow told a London newspaper in April.
Perth Sheriff Court set has set March 2006 as the date for the case in which Dow is seeking £250,000 for the “financial burden” of her surviving child. Dow had been told that no “live material” had survived the procedure.
The NHS is contesting the suit saying that at the time there had been no indication that a child had survived.
Dow’s lawyers are arguing that Jayde’s birth has created an unjust burden for her mother. “As a result of the failed termination,” the suit says, “the pursuer suffered loss, injury and damage…She has the financial burden of care, upbringing and aliment of Jayde. She suffers an impediment in her ability to obtain employment in consequence of her care for the child.”
Dow is quoted by the BBC saying that she does not know what she is going to tell her daughter, Jayde. “I have got a child now that I wasn’t planning to have and I believe the hospital should take some responsibility for that,” she said.
“I still don’t know if, or what, I am going to tell Jayde when the time comes. Maybe when she is nine or ten I will sit her down and explain it to her.”
She added: “The hospital knew it was twins when I went for the termination so they should have checked even more carefully before sending me home.”
In recent years, “wrongful life” or “wrongful birth” suits have sprung from the abortion logic that unwanted children are, in the words of California pro-life speaker Scott Klusendorff, “a disease, the recommended treatment for which is abortion.” In Canada, France and the US wrongful birth suits are pushing legal experts and legislators to confront the legal consequences of taking the logic to its final ends.
Read related LifeSiteNews.com coverage:
UK High Court finds for Mother in Wrongful Birth Suit
https://www.lifesitenews.com/ldn/2004/jun/04062111.html
Court Upholds Utah Ban on ‘Wrongful Birth’ Suits
https://www.lifesitenews.com/ldn/2003/jan/03010705.html