Irena Dujmovic-Terman was seven weeks pregnant when she began prenatal care with the defendant obstetrician and gynecologist, Dr. Elliot Levine on Feb. 1, 2008. She was 37 years old at the time. Because of her advanced maternal age, Dr. Levine recommended genetic testing for fetal anomalies. The patient agreed at her 11-week visit.
The blood draw for the quad screen test was planned for the 15-week visit on March 27, 2008, but Dr. Levine’s staff chose not to perform the blood draw at that time, giving no explanation.
Dr. Levine later took the first quad screen blood draw on April 24, 2008. The test results came back from the lab on April 29 showing a high risk of fetal anomaly (trisomy 21 Down syndrome) and thus Dr. Levine signed off on them on May 2. Dujmovic-Terman was not informed of the results during the next three weeks.
Dr. Levine finally told her about the results at her next visit on May 22 when she was 23 weeks pregnant. Dr. Levine ordered an amniocentesis at Weiss Memorial Hospital, which was scheduled for June 3, the next available appointment. However, Dr. Levine chose not to tell the patient that a legal abortion would not be available in Illinois once she passed gestation of 23 weeks and 6 days. He also failed to order the amniocentesis on an expedited basis.