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Do you think she has a right to sue? user banned
15th Aug '13

Question taken directly from the article.
What would you do in this situation?



http://thestir.cafemom.com/in_the_news/159701/husband_leaves_wife_right_after?utm_medium=sm&utm_source=facebook&utm_content=fanpage




Anyone who has been through numerous failed IVF treatments knows how heartbreaking and difficult it can be. But then, if you're lucky, there comes that time when it works. When you are pregnant! When you excitedly tell your husband that you are finally going to be parents! It should end with a celebration and a big Whoop! We did it! But reportedly in the case of Po Leung, a 44-year-old Canadian woman, that's not the way it ended. It ended with ... her husband leaving her. For their fertility nurse!!!!
Leung is suing the fertility clinic where she and her husband, Stuart Westcott, went through several years of IVF treatments. And reportedly, just as Leung finally managed to have a successful pregnancy, her husband up and left her the day after she conceived. And he ran off with ... their NURSE!
Says Leung of the day she finally got pregnant:




It was one of the best days of my life -- I was thrilled. After three years and $60,000 we had finally reached our goal. But the next day was the worst day of my life.


The lawsuit claims that the nurse, Wendy Shanks, "abused her position of power, trust, and influence as her medical care provider."
Tragically, two weeks after Westcott left her for Shanks (reportedly), Leung miscarried the baby. She blames the stress of finding out about the affair and her husband leaving her.
More from The Stir: Man Kills Himself in Hospital Room Just Hours After His Wife Gave Birth to Their Baby
There's so many kinds of wrongs here. For a fertility nurse to repeatedly work to get a woman pregnant while simultaneously trying to steal her husband -- I have no words. Well, I do have words, but they are too harsh to use here.
But the husband!!?? If this is true, what kind of douchebag does this? He must have been quite aware that, at any moment, his wife could get pregnant. Presumably, he was working toward the same goal.
All the while having an affair with the nurse who was also trying to bring a child into the world? If any of this is true, it's just the worst betrayal imaginable.
I'm not so sure about suing for what is essentially a matter of the heart, but I definitely wouldn't feel bad if Leung wins her suit and manages to take this clinic to the cleaners. Especially since the clinic was apparently made aware of the affair and did nothing to discipline the nurse.
I wish you could sue someone for being a jerk, because that's what this husband deserves. At the very least, I hope Leung gets a refund!
Do you think she has the right to sue?

user banned 2 kids; Silly, Belgium 6539 posts
15th Aug '13

No I don't think so, at all.

ℕightingale 1 child; Mississippi 8345 posts
15th Aug '13

No. It's not the clinic's fault her husband is an a*****e.




And that nurse should be fired.

Addi&Aria'smama Due January 23 (girl); 1 child; 1 angel baby; Florissant, Missouri 6082 posts
15th Aug '13

No, she doesn't have any right to sue. I think the clinic should have disciplined the nurse. I am sure they have rules against sleeping with the patients. It sucks for her but at least she can try to move on with her life and start a family with a man who wants to be with her.

Nikkie Beee Due January 29; 2 kids; Victorville, California 3968 posts
15th Aug '13

It's not the clinic's fault that her husband can't keep his d**k in his pants. I think at worse, they should fire her. That's about it. If she was gonna sue anyone, she should sue her husband for the miscarriage.

~a girl and a boy~ 2 kids; ,, IA, United States 56789 posts
15th Aug '13

No, then everybody would sue if there husbands had a affair!

user banned 2 kids; Silly, Belgium 6539 posts
15th Aug '13
Quoting Nikkie Beee:" It's not the clinic's fault that her husband can't keep his d**k in his pants. I think at worse, they ... [snip!] ... at worse, they should fire her. That's about it. If she was gonna sue anyone, she should sue her husband for the miscarriage."


It'd be impossible to prove. Sue for emotional distress, okay, but if that went through in court it would set a precedent that anyone could sue anyone for causing a miscarriage when their body just wasn't to handle the pregnancy or the pregnancy was never viable to begin with.

Nikkie Beee Due January 29; 2 kids; Victorville, California 3968 posts
15th Aug '13
Quoting Odafin Tutuola:" It'd be impossible to prove. Sue for emotional distress, okay, but if that went through in court it ... [snip!] ... for causing a miscarriage when their body just wasn't to handle the pregnancy or the pregnancy was never viable to begin with. "


Oh, I know. I was just being a smartass lol.

. , Richmond, VA, United States 75068 posts
15th Aug '13

No, I think it was a shitty thing to do but she didn't do anything illegal. She didn't steal the husband, he made the decision. That's a sad situation though.

Destinite Due August 8; 1 child; 2 angel babies; Paradise, FL, United States 32095 posts
15th Aug '13

I'll be the odd one out and say yes. She has no business fraternizing with patients. I think ethically, they could be liable.

Trey&Genesis'momma 4 kids; 4 angel babies; Somewhere, IN, United States 4675 posts
15th Aug '13

I don't think she has the right to sue although it is a terrible situation for her to be in. :/ I think since it said that the clinic knew about the affair and didn't reprimand the nurse, that could be a problem especially if they had rules stating that patient/clinic workers aren't allowed to be in a relationship together. But she can't sue the clinic solely because her husband was a douche bag and decided to leave her for the clinic nurse. As far as the miscarriage is concerned, that can't be pinned on the clinic either. Sure, the stress could have played a part in the miscarriage but at the same time, the pregnancy probably wasn't viable to begin with and that's not anyone's fault. I do feel bad for the woman though....spending all that time and money to get pregnant and have a happy family only to be left for their nurse and then miscarry right after. Hopefully she can move past this and find a guy who actually deserves to be a parent with her.

ღ Diana ღ Michigan 15726 posts
15th Aug '13

That's shitty but it's not the clinics fault. I don't feel she has any grounds for a lawsuit, stuff like this happens all the time and if it were to work out in the woman's favor it would open the door to many others cases like this.

Severus Snape 2 kids; Tennessee 3550 posts
15th Aug '13

The nurse should be fired and the husband and her both are a*****es but it's not the clinic's fault this happened to her. She should not have the right to sue.

mamaluvsher4babies 36 kids; California 4230 posts
15th Aug '13

Could you imagine how crowded the courts would be if everyone husband/wife sued! I think it is dumb.