A Mississippi couple is feeling a little more secure after recouping a $600,000 award for an abortion mistake. Daschica and Christopher Thomas went to a clinic then owned by the National Women’s Health Organization of Jackson where a doctor was to perform an abortion on Daschica. She went in for the procedure, but the physician that was scheduled to perform the surgery was not in the office that day. The other physician on call, Dr. Joseph Booker, undertook the task of by himself.
At first, everything began as any normal surgical procedure would, but in the middle of the procedure, Dr. Booker suddenly stopped working and sent Dashica and her husband home. He told them he could not finish the procedure and to come back the next day when the other doctor would be able to complete the abortion.
As a result of Dr. Booker stopping the abortion, Dashica suffered from a blood infection which required extensive hospitalization and several major blood transfusions. The Thomases filed suit against Dr. Booker and against the National Women’s Health Organization of Jackson. The complaint alleged that Dr. Booker failed to exercise the same level of care that a reasonably prudent physician would have exercised in a similar situation. The complaint also alleged that Daschica can no longer have children as a result of the botched abortion and that Christopher lost his job because he missed too many days of work to care for his wife.
On the day of trial, the defendants did not show up and the court entered a default judgment against them. The default judgment presumes that all of the facts alleged in the complaint are true and if those facts establish a basis for recovery then the plaintiff is entitled to recovery. Here, the court said that the facts in the Thomas’ complaint provided a basis for recovery and awarded the couple just over $600,000 in damages.
Medical malpractice claims like this one can be traumatic and legally complex. As such, they should be discussed with competent counsel. If you or someone you know has questions about a possible medical malpractice claim, please contact the experienced medical malpractice attorneys at Kilpatrick & Philley PLLC at (601) 856-7800.
Source: “Couple Awarded $600,000 in Botched Abortion Malpractice Lawsuit,” by Dave Andrusko, published at NationalRightToLifeNews.org.
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