Woman awarded damages for pregnancy

28th August 2007, Comments 0 comments

Woman awarded damages for pregnancy

28 August 2007

THE HAGUE – The IJsselland Hospital in Capelle aan den IJssel has been ordered to pay damages of EUR 400,000 to a mother who was incorrectly informed about her fertility.

This has emerged from a ruling by the appeal court in The Hague. The court upheld a ruling from a lower court in this case.

The gynaecologist had told the woman she could no longer become pregnant. The woman subsequently became pregnant with twins, who are now 13 years old. The hospital is being required to contribute to the costs of raising the children.

In the early 1990s, the woman, 37 at the time, and her husband asked the now-retired gynaecologist if the woman could still become pregnant. After an examination the woman was assured that she could not become pregnant.

Not long after the woman did in fact conceive. The family already had three children at that point. As a result of the pregnancy the woman had to leave her job.

The hospital and gynaecologist have always denied that they failed to alert the woman to the risks of a pregnancy. The court said that the dossier indicates the opposite.

The court also rejected the hospital's argument that no damage would have been caused had the woman opted for an abortion at the time.

Hospitals have been ordered to pay damages in previous cases involving failed sterilisations. This is the first time that damages have been awarded for the birth of a child after the administration of inaccurate advice on birth control.

[Copyright Expatica News + ANP 2007]

Subject: Dutch news

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