By Gudrun Schultz
VICTORIA, Australia, March 2, 2006 (LifeSiteNews.com) – A mother who sued her doctor for failing to complete the abortion of her son has been awarded $104,800, in what is believed to be a landmark ruling this week.
The court’s decision to award her damages was based on her physical and psychological trauma at the time of the failed abortion in 1997, reported the Advertiser. The cost of raising her son, who is now seven years old, was also a factor in the decision.
Judge Susan Cohen, for the Melbourne County Court, said specialist Dr. Michael Kloss had failed in his duty of care when he left the woman with a living child.
The child’s mother, almost 40, now has two additional children. At the time of the attempted abortion she was suffering from anxiety and depression.
The woman’s lawyer, Brad Cunningham, said his client loves her son and does not regret having him, even though she sued for damages against his “wrongful birth.”