Roe v. Wade may be gone, but abortion remains pervasive in America. Its ubiquity is undeniable, prompting the question: how do we end this barbaric practice?
Many people have asked Life Legal why we can’t just sue abortionists out of existence. The answer is complex, but here are some reasons abortion lawsuits can be challenging.
1. No reporting mandate. The complication rate for chemical abortion is 4 times that of surgical abortions, yet the FDA no longer requires abortionists to report non-fatal adverse events for the abortion drug Mifepristone. As a result, most abortion injuries go unreported.
Life Legal relies on eyewitness accounts to monitor abortion injuries. We recently filed a complaint against an abortionist after three women were transported to the hospital with uncontrolled bleeding— all within a four-month period. In Alabama, our formal complaints led to the closure of an abortion mill, and in 2020 we filed a lawsuit seeking to close two Planned Parenthood affiliates that violated public health regulations. Thankfully, the abortion mills were shut down shortly after the Supreme Court’s ruling in Dobbs.
2. Trauma. Planned Parenthood targets the vulnerable. Post-abortive women and girls often experience significant trauma both before and as a result of abortion. Many women are afraid to relive their abortion experience. Even if the case is sealed, the details of the abortion will be the subject of discovery and therefore be made available to opposing counsel and the court. Moreover, she may be reluctant to share certain elements, or she may forget key details or confuse facts under cross-examination, which could undermine the case.
3. Statute of limitations. The statute of limitations for medical malpractice is typically 1–3 years. By the time many women are ready to seek legal recourse for their abortion injuries, the statute of limitations has often expired.
4. Settlement offers. In a good case, the client will likely be offered a settlement. If a settlement is reached, there will be no ruling in the case, no formal admission of liability, and the abortionist will remain in practice. This is how many abortion lawsuits are resolved.
5. Lack of expert witnesses. Cases that go to trial require the testimony of medical experts who are actively or recently practicing the subject of their testimony. Most former abortionists who are now pro-life stopped performing abortions years ago and do not qualify as expert witnesses in many states.
While obtaining an abortion becomes increasingly expedient, taking legal action post abortion remains lengthy, expensive, and complicated. That being said, facing difficulty defending life in the courtroom is not new to Life Legal.
In addition to shutting down abortion clinics for health violations, Life Legal has successfully sued Planned Parenthood and other abortionists for covering up sexual abuse of minors, harassing sidewalk counselors, and inflicting injuries on women.
Life Legal remains committed to abolishing abortion, and we will persist in our mission to fight for unborn children and promote a culture where every life is cherished and protected under the law.