2.9 Million Awarded in "Wrongful Birth"

[TexasWife25]

A Portland, Ore. couple was awarded $2.9 million on Friday for the care of their Down syndrome baby, who they argue would not have been born if doctors had not been "negligent” in their pre-natal care.


http://www.nydailynews.com/life-sty...suit-daughter-born-syndrome-article-1.1037159

 

[KRCummings]

It sounds like they were negligent to me.

 

[cjh]

I don't think you could get that verdict here. You'd have to pull a jury that accepts the argument that abortion is morally acceptable for the purpose of preventing a child with a birth defect.

I know both sides of the argument; I just think it would be difficult to find a jury here who would accepts the parents' position.

This is the argument that does not reconcile to me:

“These are parents who love this little girl very, very much,” Miller said. “Their mission since the beginning was to provide for her and that’s what this is all about.”

Maybe the parents realized on the front end that they could never afford to provide the care for a child with down's syndrome and made a hard decision to abort a fetus with the syndrome.

 

[KRCummings]

I don't think you could get that verdict here. You'd have to pull a jury that accepts the argument that abortion is morally acceptable for the purpose of preventing a child with a birth defect.

I know both sides of the argument; I just think it would be difficult to find a jury here who would accepts the parents' position.

This is the argument that does not reconcile to me:



Maybe the parents realized on the front end that they could never afford to provide the care for a child with down's syndrome and made a hard decision to abort a fetus with the syndrome.

I understand a jury will do what it's gonna do but isn't the whole thing about the doctors and not the parents to begin with? No way to keep abortion out of the case but if it's heavy on the doctors being negligent then maybe they were able to keep it more low key and therefore more palatable to the jury. Know what I mean?

 

[Johnny_Ray_Wilson]

Yet another fine example of how parents profit from a baby they did not want.

Yep, it was the doctor's fault they did not have the perfect child. No wait.....what am I thinking? Of course it is not the couple's fault they decided to have sex and make a baby. Everyone knows when couples have babies these days, everyone else should foot the bill.

 

[KRCummings]

Yet another fine example of how parents profit from a baby they did not want.

Yep, it was the doctor's fault they did not have the perfect child. No wait.....what am I thinking? Of course it is not the couple's fault they decided to have sex and make a baby. Everyone knows when couples have babies these days, everyone else should foot the bill.

That's not the case at all. Actually read what it was about first.

 

[TexasWife25]

From what Ive read, the tests the doctor ran, even if done correctly, aren't 100% full proof. Usually doctors avoid definites, saying things like "everything looks good". There is no 100% guarantee that your child will be born perfect, no matter how many tests they run. With so many older women conceiving these days .. it makes me think we will see a lot more "wrongful birth" cases.

 

[KRCummings]

From what Ive read, the tests the doctor ran, even if done correctly, aren't 100% full proof. Usually doctors avoid definites, usually saying things like "everything looks good". There is no 100% guarantee that your child will be born perfect, no matter how many tests they run. With so many older women conceiving these days .. it makes me think we will see a lot more "wrongful birth" cases.

The article says the doctor ran the test on the wrong tissue, incorrectly analyzed the test and told the family everything was just fine. It doesn't seem to be about how reliable the test is.

 

[TexasWife25]

The article says the doctor ran the test on the wrong tissue, incorrectly analyzed the test and told the family everything was just fine. It doesn't seem to be about how reliable the test is.

I agree, this case the doctor made a serious error in the testing process.

 

[cjh]

I understand a jury will do what it's gonna do but isn't the whole thing about the doctors and not the parents to begin with? No way to keep abortion out of the case but if it's heavy on the doctors being negligent then maybe they were able to keep it more low key and therefore more palatable to the jury. Know what I mean?

I absolutely know what you mean.

It's a very logical analysis that would appeal to many people.

That said, people sometimes put logic aside for emotions. Our legal system accommodates that within reason--that's why attorneys get a lot of leeway in closing.

I just think it would be hard to pull a jury here willing to put aside emotion.

eta: See JRW's post. I bet he honestly believes he could be a fair juror and I bet there are no facts that would convince him that the doctor committed malpractice. Probably more jurors than not would be like that here.

 

[blunt_trauma]

Yet another fine example of how parents profit from a baby they did not want.

Yep, it was the doctor's fault they did not have the perfect child. No wait.....what am I thinking? Of course it is not the couple's fault they decided to have sex and make a baby. Everyone knows when couples have babies these days, everyone else should foot the bill.

from my POV?

they have a child who will need constant and expensive extra support long after they are dead. they did what most of us do, and that is whatever the hell it takes to see our children are provided for. i have the luxury of a known time limit on that responsibility, but that child won't grow out of needing help.

is it fair on everyone else? not really.
is it understandable? to me, yes.

 

[Riles]

From what Ive read, the tests the doctor ran, even if done correctly, aren't 100% full proof. Usually doctors avoid definites, saying things like "everything looks good". There is no 100% guarantee that your child will be born perfect, no matter how many tests they run. With so many older women conceiving these days .. it makes me think we will see a lot more "wrongful birth" cases.

This was what I was thinking. At least, that's I was told when offered the amniocentisis. When I asked my doctor if thought we should do it he bascially asked ME if the outcome of this test was the deciding factor on keeping the baby or not.

...So we opted to let nature take it's course.


The doctors were wrong, but the parents need to drop the act and admit they feel cheated and are out for vengence. This isn't about the little girls needs at all.

 

[KRCummings]

This was what I was thinking. At least, that's I was told when offered the amniocentisis. When I asked my doctor if thought we should do it he bascially asked ME if the outcome of this test was the deciding factor on keeping the baby or not.

...So we opted to let nature take it's course.

But again the case isn't about the reliability of the test.

 

[Riles]

But again the case isn't about the reliability of the test.

Yes....I know, I forgot a bit at the end cause I got caught up on the phone.

 

[chillywilly2]

I just stopped in to see Riles

 

[unregistered]

 

[John Doe]

From what Ive read, the tests the doctor ran, even if done correctly, aren't 100% full proof. Usually doctors avoid definites, saying things like "everything looks good". There is no 100% guarantee that your child will be born perfect, no matter how many tests they run. With so many older women conceiving these days .. it makes me think we will see a lot more "wrongful birth" cases.

How is this relevant?

 

[Aquagal]

With all the programs for special needs children/adults that the government funds, I'm wondering what exactly they need all this money for?

I think they are suing for loss of their own lifestyle.

 

[blunt_trauma]

With all the programs for special needs children/adults that the government funds, I'm wondering what exactly they need all this money for?

I think they are suing for loss of their own lifestyle.

you honestly think that the gov will provide high quality care, that goes beyond basic needs, from cradle to grave?

they don't here and i very much doubt they do there.

there's a perception from those outside the system, because the gov likes to advertise the good things it does, but life inside the system doesn't often live up to that.

 

[VaticanAssassin]

If only we can tap them on the soft spot as they came out.........

 

[JuanVato]

They got a payday...

After legal fees and taxes they should clear some ok coin.

As the dust settles they got a payday to care for their child.

I have seen couples divorce in order to qualify for state bennies for their disabled children.

 

[Aquagal]

you honestly think that the gov will provide high quality care, that goes beyond basic needs, from cradle to grave?

they don't here and i very much doubt they do there.

there's a perception from those outside the system, because the gov likes to advertise the good things it does, but life inside the system doesn't often live up to that.

I have family members that have worked in several different government funded needs programs ranging from infant and well past school age preparing them for life as an adult with needs or whatever care they required. Everything was paid for from home visits to equipment. Quality care is subjective and I suppose each state is different.

 

[blunt_trauma]

I have family members that have worked in several different government funded needs programs ranging from infant and well past school age preparing them for life as an adult with needs or whatever care they required. Everything was paid for from home visits to equipment. Quality care is subjective and I suppose each state is different.

disabled kids are a glamorous cause. what about when the kid is 40, their parents are dead and they're entirely dependant on outside care? were it my child, i would not want to rely on the state always coming through for them. i would want to be certain they still had quality care and a stimulating life.

also, those programs are great but one budget cut and it could end instantly.