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Jurors: Abortion Doctor's Negligence Was Not Intentional

90 Percent Blame Laid On Patient For Using Fake ID

POSTED: Thursday, April 15, 2004
UPDATED: 9:16 am CDT April 15, 2004

A woman spoke out Wednesday after a jury refused to find her doctor and the clinic primarily responsible for performing an abortion on her when she was a minor.

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Cherise Hughes, 21, claimed her doctor was negligent when he performed an abortion on her when she was 17 years old, even though she used a fake ID to get the procedure performed.

A Harris County jury found Dr. Douglas Carpens' negligence caused injury to Hughes, but that it was not intentional.

The jury placed 10 percent blame on the doctor and 90 percent blame on Hughes. They did not award any damages in the case.

Both sides declared victory after the jury handed down the verdict.

The doctor and clinic's attorney said her clients have been exonerated and that this case set a precedent for other physicians.

"The jury's verdict sends a clear message that you can't commit fraud and deceive somebody, and then profit from it," defense attorney Barbara Hachenburg said.

Hughes said she was glad she exposed a problem in the system that parents and teens need to know about. She hopes the jury's decision will bring change, and that doctors and clinics will closely scrutinize identification handed to them by young girls seeking abortions.

"It's very easy to falsify information, and for someone, especially in the medical field performing procedures that are so potentially dangerous, that's something they should really consider," Hughes said.

Cherise Mosley

Hughes now has two children with the father of her aborted child, and said she hopes the regret she feels will help others facing similar decisions.

"The mistake that I've made, I feel like I have turned it around and have helped many others keep their kids. So my child, in turn, helped save a lot of lives," Hughes said.

Her father, Rev. Frederick Mosley, said money was never an issue in the case.

Carpens did not make any comments throughout the trial or after the verdict was read.

The Texas Department of Health has changed their guidelines for patients seeking out abortions and the doctors who perform them.

A picture ID is no longer required, but patients are now required to sign an affidavit verifying the age they give a doctor.

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