Published May 25, 2012
A Spanish doctor was ordered to pay for the upkeep of a child after a botched abortion meant the young mother had to give birth.
In a legal first for Spain, the unnamed doctor was ordered to pay €978 ($1,300) a month until the child reaches its 26th birthday, along with a payment of €150,000 ($189,000) in "moral damages" for negligence, a judge ruled this week in Palma, capital of the Spanish island of Majorca.
The woman who brought the case believed at the time of her abortion in April 2010 that the procedure had been a success, but returned to the same clinic for another termination three months later, believing she had fallen pregnant again.
However, a scan revealed that she was actually then in her fifth month of pregnancy -- and six weeks over the legal limit for an abortion, Diario de Mallorca reported.
The clinic offered her a refund and told her to visit a clinic in Barcelona that they believed may have performed a late-term abortion, but doctors there refused to carry out such a late termination.
Commenting on the unprecedented ruling, Eva Munar, the woman's lawyer, said, "It's a fair sentence for what is medical negligence."
The woman now has a healthy 18-month-old son and said that although she wanted an abortion, she does not regret giving birth.
The gynecologist and the private clinic who were ordered to pay compensation to the woman were expected to appeal the ruling.
Until 2010, abortion was illegal in Spain apart from in the case of rape, serious deformity or if the woman's health was at risk.
Read more: Diario de Mallorca