A Boston woman who gave birth after a failed abortion has filed a lawsuit against two doctors and Planned Parenthood seeking the costs of raising her child
This case should not long survive in the courts, for the simple reason that the mother can easily avoid all expenses related to raising the child simply by giving the kid up for adoption. She did not want the kid in the first place, so giving it up can not be much of a problem for her, can it? Or has Massachusetts jettisoned the basic legal rule that a plaintiff has the duty to mitigate her damages before seeking to recover them in court? The story does mention that:
The state’s high court ruled in 1990 that parents can sue physicians for child-rearing expenses, but limited those claims to cases in which children require extraordinary expenses because of medical problems, medical malpractice lawyer Andrew C. Meyer Jr. said.
But in the absence of the context of this finding, I can not say that it really stands for the proposition that the plaintiff in this case can have her cake and eat it too, by reaping the psychic benefits of parenthood while sending the bill to those who made it possible, however inadvertently and unintentionally.