A Boulder abortion clinic is accused of malpractice, after allegedly leaving nearly two inches of a fetus’ skull inside a patient’s uterus during a late-term abortion, apparently forcing a patient to undergo a hysterectomy.
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rnJennifer and Jason DeBuhr filed a lawsuit against Dr. Warren Hern and the Boulder Abortion Clinic in 2015, according to the Denver Post. The botched abortion, and subsequent hysterectomy, left the couple unable to conceive a baby.

“The harm that Dr. Hern caused is reflective of the general nature of carelessness for patients that abortionists hold,” said Matt Lamb, a spokesperson for Students for Life.  

Terry Dougherty, the couple’s attorney, said Hern allegedly failed to inform the couple of the procedure’s risks. Additionally, he said the doctor had failed to inspect the fetal remains to confirm the completion of the process, according to the Lincoln Journal-Star.

“Abortion is never safe, because at a minimum it ends the life of a preborn baby,” Lamb said.  

The clinic’s attorney, Cook Olson, has denied the accusations.

DeBuhr traveled to Boulder from Southeast Nebraska in December 2013, for an abortion during the 25th week pregnancy. A prenatal MRI had shown that her unborn child was missing a portion of his brain, and would likely live less than a year, according to court records.

Although DeBuhr says that she was not advised of any complications in the procedure, a 2014 ultrasound discovered that a 4 centimeter-long skull fragment was embedded in the wall of her uterus.

In 2016, Hern was the subject of a congressional investigation into the practices of late-term abortionists. The panel requested information on any infants who were born alive at his clinic and the babies’ records thereafter. According to the Denver Post, Hern refused to provide any of the requested documentation, calling the panel a “witchhunt.”

The Journal-Star reported that the lawsuit began Monday and is expected to last 10 days.