Women in Nebraska can sue abortionists for the wrongful death of their children
Most abortion providers ignore their obligation to screen for coercion and other signs that abortion will hurt more than help women.
But a little known law in Nebraska seeks to stop this abuse of women. It requires doctors to ask you if you are feeling any pressure to have an abortion. They are also required to screen for other risk factors that medical research has shown predict that you may face elevated risk of negative effects following an abortion.
Abortion is linked to elevated rates of:
- Depression
- Anxiety
- Substance Abuse
- Self Destructive Behavior
- Post-Traumatic Stress Disorder
- Sleep Disorders
- Sexual Dysfunctions
- Subsequent premature or low birth weight deliveries
- Some cancers
Checklist of Improper Screening and Counseling
If you had an abortion in Nebraska after July 14th, 2010, you are entitled to recover damages for emotional injuries, the wrongful death of your child, and attorney’s fees if any one or more of the following are true:
1. The abortion
provider did not ask if you were feeling pressured to seek or consent to the
abortion.
2. The abortion provider did
not screen for statistically significant risk factors, such as:
- negative moral beliefs about abortion
- ambivalence or uncertainty about having an abortion
- lack of social support from loved ones
- perceived need for secrecy
- feelings of stigma
- low self-esteem
- prior history of mental illness
- low-perceived control over life
- fantasies about keeping the baby
- a history of prior abortion
- a history of abuse
- a history of sexual assault
3. The abortion provider did not discuss the complications associated with each risk factor identified in the above screening process.
4. You did not sign a summary of the risk factors.
5. The person who did the screening was not a physician, psychiatrist, psychologist, physician assistant, registered nurse, or licensed social worker. In other words, a non-licensed staff person did the pre-abortion screening.
6. The doctor did not use the information obtained from this pre-abortion screening to document in the medical an whether the abortion was
- more likely to help than hurt you,
- more likely to hurt than help you, or
- that statistically validated research demonstrates that the risks for a person matching your unique risk profile are negligible.
If any of the steps above were not followed, your health was put at risk and your rights were violated
Your Privacy is Protected
Under Nebraska law, your attorney can elect to withhold your name from any public documents and will receive a court order to prohibit your abortion provider from revealing any identifying information about you.
There is No Burden On You
Improper pre-abortion screening is, in itself, an act of medical negligence.
You do not have the burden of proving that that you suffered any other injuries to recover damages.
If you did not sign the risk factor assessment, or the assessment was incomplete, or if any of the other six required conditions were not met, your rights were violated.
There are no legal costs for reviewing your case or for helping you to find a qualified attorney to represent you.
If your case is accepted, you will not face any legal fees. Your attorney will accept your case on contingency basis, for a percentage of the award. That means the attorney will bear the risk of all costs and you will never face any out of pocket expenses.
Defending Your Rights Defends the Rights of All Women.
Women will be protected from unwanted and unsafe abortions only if women like you will step up and hold abortion clinics accountable for negligent screening.
The sooner you act now, the sooner you will help other women.
For a Free Referral
If you had an abortion in Nebraska after July 14, 2010 and did not receive the screening and disclosures describe in this brochure, please call or email for a free referrals to one or more attorneys who may be willing to represent your case.
Email: ElliotInsitute@gmail.com
Call today. It’s your right. Plus, it is the right thing to do because it will protect rights of all women.
Note: This is general information only. It does not constitute legal advice and MUST NOT be used as a substitute for the advice of a lawyer qualified to give advice specific to your situation.
