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Judge orders Spanish doctor to pay for child support after a failed abortion

BMJ 2012; 344 doi: https://doi.org/10.1136/bmj.e3853 (Published 01 June 2012) Cite this as: BMJ 2012;344:e3853
  1. Aser García Rada
  1. 1Madrid

A judge has ordered a private clinic and a gynaecologist from Palma de Mallorca to pay €420 000 (£340 000; $520 000) to a 24 year old woman after a failed abortion resulted in a normal pregnancy.

It is believed to be the first time that a Spanish woman has been awarded compensation for an unwanted healthy baby.

Considering that the mother did not want to have the child and did what was legally possible to prevent it, the judge, Francisco José Pérez Martínez of the Court of First Instance Number 2 in Palma de Mallorca, ruled that the doctor and the clinic should cover the costs of the child’s upbringing.

Pérez Martínez also imposed compensation for the severe …

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