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Prosecutor: the Unborn child can not be a plaintiff

Abortion must not be performed later than the week of 18 without special reason, but because of a misinterpretation of an ultrasound aborterades a 30 weeks old fetus at the Karolinska university hospital in the last year.

the Incident was reported to the police, and began to be investigated with the headings gross negligence to the death of another. But now the prosecutor has Jennie Nordin at Västerorts district decided to close down the investigation. She motivates the decision with that the unborn child could not be a plaintiff.

" I have come to the conclusion that the pre-trial investigation shall be closed with respect to an unborn child is not a brottsobjekt. Thus, there is no crime to investigate, " she says.

happened because of a a doctor used the wrong measuring scale ultraljudsapparaten. According to the newspaper the Day thought the Karolinska incorrectly that the fetus was 12 weeks old when it was removed. The previously pregnant woman has chosen not to participate in the investigation.

the Hospital has notified the incident to the Inspection of health and social care, Ivo, and says that what has happened is ”very seriously”. They do not want to say what's going to happen with the doctor.

”We does not comment on the incident before the investigation is complete and we have had to take part of it,” writes the hospital's communicator Marcus Hagström in an email to DN.

is oföddas status is relatively clear, explains Kavot Zillén, doctor of medical law at Stockholm university. From a legal standpoint, a child rights first at birth – regardless of when it occurs.

– In this case, I find it hard to see a victim in the legal sense. In Sweden are imposed on the rights and obligations of born persons. An unborn child is not considered to be a legal entity and a liability for involuntary manslaughter can, therefore, not be in the given situation, " she says.

it is serious that the doctor took the wrong on so many weeks. There will be no criminal sanction in the case does not mean that the behaviour is correct, she says.

– Depending on the circumstances of the case, would Ivo be able to find reason to be critical of the doctor or facility. There is also a risk that the doctor will lose his medical license.

Prosecutors Jennie Nordin believes that politicians should review the legal status of the unborn.

" My personal opinion is that it is something that lawmakers should look at. Even unborn children should have legal protection, " she says.

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