An Akron clinic denies a woman’s allegations that doctors were negligent and failed to successfully perform the abortion she sought, eventually leading to the birth of her daughter.
In a court filing late last week responding to the lawsuit, the Akron Women’s Medical Group and two doctors acknowledge Ariel Knights, 22, of Cuyahoga Falls sought an abortion March 3, 2012. But they deny any negligence and seek to have the case dismissed, citing a long list of possible defenses.
“I believe my client absolutely met the standard of care and that this case has no basis to be in litigation,” attorney D. Cheryl Atwell, who represents the medical group and the doctors, said Monday. Lawyers still are exchanging medical records, and Atwell said she couldn’t comment further.
The malpractice lawsuit was filed March 4 on behalf of Knights. Her attorney, James Gutbrod, said Monday the medical group’s legal response was general and he had no comment on it.
Knights has said she sought the abortion because she has a medical condition called uterine didelphys, resulting in a double uterus with individual cervices, and a doctor had told her that her pregnancy and her life could be threatened because the fetus was carried in an unstable uterus.
She learned about a week after the abortion procedure that she was still pregnant, according to the lawsuit alleging the defendants “were negligent and deviated from the appropriate standard of care.” It also says that Knights was referred to a second abortion clinic after she found out she was still pregnant, but that clinic was unwilling to become involved in “somebody else’s mistake,” and she refused to return to the original clinic for a second abortion attempt.
Knights made a second appointment with the medical group but did not show up for it, according to the defendants’ filing. It doesn’t specify the date of the second appointment.
Knights, who previously carried a son in her other uterus, eventually gave birth to a healthy baby girl.
The lawsuit seeks at least $25,000 in compensatory damages. It has been assigned to Summit County Common Pleas Judge Amy Corrigall Jones.