Couple Sue Hospital for Failed Abortion Of Now 14-Year-Old Daughter

An Italian couple, Giuseppe and Aurora Bellandi, have sued an hospital and are demanding £700,000 (€1m) in compensation for the psychological trauma of having their now 14-year-old second child, Elisa, and the strains it has had on their lifestyle.

According to DailyMail, Elisa supports their decision to sue and insists she has always felt ‘loved’.

The failed abortion took place in 2000 after the couple, who already had a grown-up son, unexpectedly discovered that they were expecting a baby.

The Bellandis were told it was medically necessary to save the life of Aurora, already 43. They also felt that they could simply not afford another child.

With grim acceptance, they agreed to the termination. But, by the time they discovered it had failed, it was too late to repeat the procedure under Italian law, which forbids abortion after 21 weeks.

The pregnancy and birth were problematic and the couple successfully sued the doctors responsible for ‘physical harm to the mother’ and received £85,000 (€120,000) in damages in 2008.

Seven years later, the couple, who claim they are still struggling financially as a result of Elisa’s birth, are taking a hospital in Alessandria, in the mountainous northern region of Piedmont, to Italy’s highest court.

The Bellandis argue the hospital is responsible for Elisa’s birth and should pay for her upbringing.

‘The doctors brought her into the world. They should provide for her study and indispensable needs until she is 18. It’s her right’, her father Giuseppe said.

Pointing out the damp on the walls of their tidy but basic semi, in the outskirts of the rundown seaside resort, he claimed: ‘I don’t want money for myself. I want money for her. You can’t have a child and not want to give them everything. You have to.’

Giuseppe dismisses those who would criticise the family saying that millions of couples have had an unwanted or unexpected child and have striven to provide for them without resorting to legal action.

He said: ‘We were told that we had had to have an abortion. Other couples who get pregnant get to decide if they will keep it or not. We didn’t get to decide anything. They told us – first “You’re pregnant and you must have an abortion”. Then, “You can’t have an abortion”. They decided everything. As they decided everything they should bear the responsibility. I am not trying to become a millionaire. I just want enough for my daughter to be able to study. In Italy the children have to take on their parents’ debts when they die. I don’t want that for her.’

While many parents would be loathe for their child to know she was unwanted, especially in a country like Italy where children are especially indulged, the Bellandis have always told Elisa the truth about her birth and insist the lawsuit is in their daughter’s best interests.

‘The mistake wasn’t mine – so it’s not fair that I pay, even though, as you can see, my daughter is wonderful,’ added Giuseppe.

It is indisputable that since Elisa’s birth their lives have been hit by hardship and troubles.

Giuseppe has been looking for work for five years and, tragically, Aurora has developed Parkinson’s disease, which is now in an advanced stage.

They live hand-to-mouth, barely surviving on disability and housing handouts as well as help from their son Marco, now 34, who is a manager in a local factory.

The Bellandis say the money is to give Elisa a decent standard of living, allow her to study and fulfil her dream to go on to university.

Giuseppe explained: ‘At the moment we can’t make plans for the future. We can’t think beyond getting through tomorrow. They say I don’t love her because I wanted an abortion. How can they say I don’t love my own daughter? The doctors try and make us feel guilty for making a case. They made a mistake. They brought her into the world. If they did do an examination [after the abortion], as they say they did, how was she born? What did they examine? A rabbit?’

He added: ‘She is a smart, beautiful girl. She is a leader among her friends. She is not the problem. They are the problem. We did not plan to have another child. Now we see her as a gift from god – but we did not seek it out.’

The Bellandis place a lot of weight on Elisa’s maturity, insisting she can cope, although many parents would argue that teenagers can be much more sensitive than they appear.

Giuseppe said: ‘She knows everything about the story. She is not upset by it. If she hides it so well, she should be a professional actress.’

Certainly on the surface, Elisa seems well balanced and insists she is not upset by the case.

As she helped her father clear dishes from the table, she said: ‘They make it sound terrible as if I didn’t know I was going to be aborted. But I’ve always known. I’ve always felt loved by my family. We just can’t afford everything.’