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Wrongful "Birth" Lawsuits, WTF is next!

catharsis

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Parents Sue Over Baby's Disability
January 6, 2000

MIAMI, FLORIDA--In 1996, Alfredo and Leslie Zambrana became the parents of Ashly, who has Down Syndrome. They are now suing a clinic, a hospital and the university affiliated with the hospital, for not performing certain tests that may have determined that Ashly had Down Syndrome. The parents are seeking damages to help defray the costs of her care.

In this Miami Herald story, they explain that if they had known about her disability, they would have had Ashly aborted:
http://www.herald.com/content/mon/news/dade/digdocs/022513.htm (Link expired)

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Couple Sues Doctor For Son's Birth
By Dave Reynolds, Inclusion Daily Express
November 6, 2000

PARIS, FRANCE--In what is being considered an historic move, a couple is suing a doctor because he did not let them know that their son might be born with disabilities 17 years ago.

The courts had already ordered medical authorities to pay Josette and Christian Perruche a cash award because they failed to realize that Josette had caught rubella, a virus similar to the measles, during her 1983 pregnancy. As a result of Josette's rubella infection, their son Nicolas was born blind, deaf and has developmental disabilities.

During a hearing on Friday, the couple demanded new compensation, not because of their son's disabilities, but because, they say, their son was born. Mr. and Mrs. Perruche claimed that they would have chosen to have an abortion if they had been told about the infection and its effect on Nicolas.

The BBC quoted a doctor's attorney and the public prosecutor as warning the court that a ruling for the parents would send the wrong message.

"It is an attack on human dignity to regard the simple fact of living as detrimental," said lawyer Didier le Prado, speaking on behalf of the doctor. "This is making a distinction between lives that merit living and those which don't... that's a slippery slope."

The parents' attorney argued that the case should be considered on its own merits, that it would not have wider implications.

The court is expected to deliver a verdict on November 17.
 
Pretty soon the kids will be suing their parents and their parents obgyns because they are not 6'6" 250 lbs and a pro-basketball player. Or if they were prediagnosed by a doctor to have a particular disorder, and the parents STILL decided to have the baby, then I guess the parents would then be liable for bringing the child into a known "hostile environment".


I'm gonna sue my mom because I'm only 5'5".....she should've known beforehand that my genetic height potential would be less than normal since my mom is 4'11" and my dad is only 5'6".
 
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I'm going to sue my parents for not making me as dumb as the parents in these articles. Due to my intelligence, I am here in mental distress after hearing that people in the world can be this stupid. If I were stupid too, then I would think it's OK. Damnit!

-Warik
 
Men should sue their parents for not having a 12" cock.... that would be a mega trial.....
 
Sorry, but wrongful birth lawsuits have been around for a while. There was a question on the 2000 Feb CA bar exam involving it.

Basically, you are entitled to any sort of "costs" of childbirth, medical stay and the such. You aren't (unless a new law comes out) typically entitled for money to RAISE the child. The plaintiff may get damages resulting from any emotional distress involved as a part of the "wrongful" birth... however, other family members (outside the mother and father) have traditionally been held to be too far removed to recieve any money for "distress" (I.e., 17 year old child who will not be able to go to college because parents must use the money to raise the new, unexpected baby).

C
 
This is why many med school students won't touch OBGYN. No one can afford the insurance.
 
MattTheSkywalker said:
This is why many med school students won't touch OBGYN. No one can afford the insurance.
I just wrote my quarterly $12,000 check today. And although the whole thing smells like shit and I hate to say this, the moronic doctors who fucked up and didn't offer her the triple screen or amnio deserve to pay every penny because they delivered substandard care. One of the reasons my premiums are so high is because of stupid fucks like these.
 
thebabydoc said:
I just wrote my quarterly $12,000 check today. And although the whole thing smells like shit and I hate to say this, the moronic doctors who fucked up and didn't offer her the triple screen or amnio deserve to pay every penny because they delivered substandard care. One of the reasons my premiums are so high is because of stupid fucks like these.

Shit that is right, you are an OBGYN. Fuck man, malpractice insurance second only to anesthesiologists if i am correct. Orthodontics for me!!
 
JohnyJuice said:


Shit that is right, you are an OBGYN. Fuck man, malpractice insurance second only to anesthesiologists if i am correct. Orthodontics for me!!
Sorry JJ, anesthesiologists are ner the bottom of the "surgical" pile. #1 Neurosurgeons, #2 Ob Gyn, #3 Cardiothorasic. (also depends on the state) My dad was up to $100,000 in NYC when he finally dropped Ob about 10 years ago.
 
when you're giving a patient an exam, you should really lick your lips and start quoting lines from shaft.
 
thebabydoc said:
Sorry JJ, anesthesiologists are ner the bottom of the "surgical" pile. #1 Neurosurgeons, #2 Ob Gyn, #3 Cardiothorasic. (also depends on the state) My dad was up to $100,000 in NYC when he finally dropped Ob about 10 years ago.

100k?!!?! Good LOAD, thas alotsa moneys!! I dont know man, my mom was saying one of the anesthesia guys she works with pays about 60k a year. maybe it is just florida. I am sure with all the old people croaking because of drug interactions with the anesthesia it is expensive. These old people down here always lie (whether willingly or not) about the meds they are on. They forget to mention that the doctor had them on valiums, which they eat like candy, and they drink 4-6 martinies every night. My mom says she has seen these people hit with enough shit to knock out a horse, and they are still up and awake. And other times, when they give them the dse-tox drugs to wake them up, they go into withdrawl right there.
 
A lot of doctors won't touch anything now. My bro just got his M.D. and he's thinking about staying in the Navy or getting a J.D. to work for hospitals.
 
yeah JJ, in Florida, OB/Gyns were up to near $200,000/year; that was the first major malpractice crisis in the US- and that was like 8 years ago!!!
 
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