However, a few have been settled out of court. James Golden is an attorney in Chattanooga, Tenn. who has represented women in abortion malpractice cases. And because of the confidentiality clause in contract settlements, there is no real resolution in the public eye. From that perspective, we would like to see more cases won in court. But even before one of these cases moves into the court room, attorneys have many problems to deal with.
Many times women wait too long to report the problem and the statute of limitations has run out.
Most of these women do not have the money for legal fees and the attorney most be willing to pay the expenses up front, hoping to collect if the case is won. In terms of dollars, the defendant is often funded by insurance companies, which usually have large budgets to work with. Donovan Campbell, an attorney with he Rutherford Institute in Dallas, Tex. is currently pressing several malpractice suits. It is usually a great battle to prove that the doctor did commit malpractice. When possible, we also try to claim fraud, deceptive practices, breech of contract and warranty, assault and battery, or intentional infliction of severe emotional distress, to name a few.