Super Lawyers
Justia Lawyer Rating for Ronald V. Miller Jr.
Best Law Firms
Avvo Rating - 10
Million Dollar Advocates Forum
Litigator Awards

Abortion Medical Malpractice Lawsuit in Maryland

Anonymous v. Potomac Family Planning Center

(Filed January 21, 2016)

  • Montgomery County
  • Potomac Family Planning Center, Inc.
  • A Rockville OB/GYN who performs abortions
Summary of Plaintiff's Allegations

This is a negligently performed abortion case. A Frederick County woman is in her first trimester of pregnancy. She goes to Defendant Potomac Family Planning Center in Rockville for a surgical abortion. The woman returns to Potomac Family Center approximately two weeks after her surgery to confirm that she is no longer pregnant. A urine sample indicates that she is no longer pregnant. However, the woman is not given a blood test or ultrasound.

In the weeks following this appointment, the woman begins experiencing symptoms of pregnancy. She has nausea, exhaustion, urinates frequently, etc. She makes an appointment with her primary gynecologist regarding her symptoms. The gynecologist performs a blood test and an ultrasound. Both confirm that the woman is still pregnant. She is now in her second trimester. By the start of a pregnant woman's second trimester, all of the fetus' organs have been developed.

The woman contacts Potomac Family Center. It states that it is "impossible" for the woman to be pregnant and asks for documentation from the gynecologist. After reviewing the blood tests, Potomac Family Center asks that she return to the clinic.

The woman filed a medical malpractice lawsuit against Potomac Family Center in Montgomery County. She alleges that Potomac Family Center violated the standard of care by negligently performing her surgical abortion. As a result, she has been forced to (1) suffer a delay in her abortion, (2) undergo a second trimester abortion, (3) incur unnecessary and/or increased medical expenses, and (4) suffer mental and emotional sorrow and anguish.

  • Surgical Abortion Negligence Negligently performed surgical abortion
Specific Counts Pled
  1. Negligence/Medical Malpractice
  2. Respondeat Superior/Agency
Additional Comments
  • This case was filed by a Baltimore law firm that typically does insurance defense work in car accident cases.
  • The claim was filed without an expert report so we do not have the specific details about the Plaintiff's allegations. The case was filed just days before the statute of limitations was set to expire.
  • The trouble with this case is damages. She has additional medical expenses from having to get a second abortion. Her greatest injury is presumably her emotional injury of aborting a child later than she wanted and having to endure a second procedure. But, frankly, it is going to be hard to find a jury of 6 in Montgomery County that is going to unanimously accept the idea that there is great pain and suffering because the fetus is more advanced in an elective abortion. This is an example of a far more extreme case in terms of damages where the jury awarded $125,000.
  • If the jury hates the doctor, you have a much better chance of getting a decent award. Jurors make be unsympathetic to the woman getting an abortion and the doctor performing it. Here is a case where the jury's anger was disproportionately weighted to the doctor.
Getting a Lawyer for Your Malpractice Claim

If you or someone you care for has suffered from medical negligence, the Law Offices of Miller & Zois can help you. We fight for malpractice victims who deserve justice and fair compensation for the needless harm that has been done. Miller & Zois has a long history of results, earning large verdicts and settlements in medical malpractice and wrongful death cases. Call today to speak to a caring attorney at 800-553-8082 or get a free, no obligation online case review.

More Malpractice Claim Information
  • Looking for co-counsel for your malpractice claim? Learn about what Miller & Zois can deliver to you and your client.
  • Learn about Maryland law in medical malpractice cases.
  • CALL 800-553-8082 or get a free online medical malpractice serious injury and wrongful death claims. Miller & Zois handles serious injury and death claims everywhere in Maryland.
Client Reviews
They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
The last case I referred to them settled for $1.2 million. John Selinger
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa