Roe v. Wade may be gone, but abortion remains a pervasive practice in America. It is estimated that over one million abortions were committed in the U.S. last year. Given the sheer number of abortions each year, we are often asked why we don’t file more malpractice lawsuits against abortionists.
Life Legal works closely with sidewalk counselors and organizations that track ambulance visits to abortion facilities. We recently submitted a complaint against an abortion mill after three women were transported to the hospital with uncontrolled bleeding— all within a four-month period. In Alabama, our complaints about health code violations led to the closure of an independent abortion business a few years back, and in 2020 we filed a lawsuit seeking to close two Planned Parenthood operations that also repeatedly violated public health regulations.
We also file public information act requests to get details about harms from abortion, including hemorrhage, infection, and uterine perforation. Despite the FDA’s and Planned Parenthood’s insistence that abortion is “safe,” we know that many women are injured by abortion.
So why is it so challenging to sue abortion clinics out of existence?
- The statute of limitations for medical malpractice is typically 1-3 years. Many women initially experience relief after an abortion and may downplay complications. By the time they call us seeking legal recourse for their abortion injuries, the statute of limitations has expired.
- It is difficult – and expensive – to find medical experts. Many states require experts to be actively or recently practicing the procedures about which they are testifying. Most former abortionists who are now pro-life stopped doing abortions many years ago and would not qualify as expert witnesses in abortion malpractice cases.
- Many post-abortive women have suffered emotional and/or physical trauma, either before the abortion or as a result of the abortion. They may not remember crucial details or become confused during cross-examination. Understandably, many women do not want to relive their abortion experience – let alone in front of a judge and jury.
- If the client has a good case, she will likely be offered a settlement – and she may want to accept the offer, since even a small settlement could be more money than she has ever had access to. This means there will be no ruling in the case and the abortionist will likely remain in practice.
- Many chemical abortions are facilitated by overseas organizations that provide prescriptions online and send abortion pills by mail. It would be very difficult, if not impossible, to sue doctors and pharmacists in other countries for harm caused by abortion drugs.
While obtaining an abortion is becoming increasingly streamlined, the process of taking legal action post abortion remains lengthy, expensive, and complicated. Still, Life Legal attorneys have successfully sued abortionists – and we continue to collaborate with pro-life organizations to shut down abortion facilities in other ways, including filing complaints and demanding inspections.
Life Legal will never stop fighting to protect the vulnerable, especially innocent children in the womb. Your gift of $25, $50 or even $100 ensures that we can continue to expose the abortion industry’s murderous pursuit of profit at the expense of human lives.