Wrongful birth
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17-12-2013, 04:36 PM
RE: Wrongful birth
I may be seen as heartless, but if I had tests (completed correctly) and was told that my child wasn't genetically healthy, or may have severely retarding health issues for their entire lives I would abort. I just don't think I have what it takes for that kind of commitment, that kind of heartache.

Those parents will have to give this child an extraordinary amount of 24hr care until the day they die. Not to mention worrying about what will happen to their child after their death. It would almost be unfair for them to try and have a healthy child at this point, because they either have to give less care to the disabled child, or less care to any possible healthy children.

I would also sue in this case Confused
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17-12-2013, 04:48 PM
RE: Wrongful birth
Interesting article, although I'm curious of a few things, such as...

-Will this bankrupt the hospital (Businesses have some sort of "in case i get sued" insurance right?)?
-Is 50 million a reasonable amount? Is that actually how much they will need to raise this child?
-Is the article more concerned about the supposed (lack of) morality of aborting than whether or not the hospital made a mistake?
-Who is going to get fired?

My mom had 8 kids, me and my little brother being her last two. From what I know, as a woman's age increases, her chances of having a healthy baby decrease. Also, her chance of having a healthy pregnancy decrease. My mom had me when she was 37, and my little brother when she was 43.
I believe for both of us, she was told that because of her age there would be a high risk for genetic defects in her children. She was asked to take some certain test that would help determine if that was going to happen, but she declined and said, "It doesn't matter, I'm having them either way."
I learned about this recently because my sisters (who are in their late 30s) were takling about it. They said my mom was incredibly irresponsible to not have the tests done because it would have helped her prepare for whatever was to come. Luckily none of my siblings had any serious issues.

Anyways, overall I support abortion in almost all cases, however I find the crowd who won't abort unless it is a genetic defect holding a hugely hypocritical stance. An abortion is an abortion, it doesn't matter if it is a rape baby, has defects or whatnot. Either way, you are doing the exact same thing. Trying to "justify" that it is only ok for certain circumstances is hypocritical.

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17-12-2013, 04:53 PM
RE: Wrongful birth
(17-12-2013 04:11 PM)Dom Wrote:  
(17-12-2013 04:00 PM)Anjele Wrote:  I guess my point is that no one has any assurances that their child will be healthy. If you decide to have a child, that's one of the risks you are accepting.

And shit just simply happens. You could be tested and assured through all possible tests and means that the baby you are carrying is fine and then things go to hall in a handbasket during delivery. No one can make guarantees as to the healthy delivery of a child into this world.

Yabbut - in this case the hospital failed to ask for the specific test the parents knew they needed. Had the hospital asked for the correct test, the result would not have been 50/50 but conclusive. In other words, in this case the parents did not leave it up to chance but the hospital's negligence caused a faulty report to be issued.

Shit happens - but in this case the parents seemed to be aware of what kind of shit, the ways to test were in place, and the hospital screwed up.

If there is one thing I have learned with all this cancer shit, it's to follow up and not simply assume that what you know should be done has been done. The parents seem to have dropped the ball...the 'blame' seems to be shared in that case.

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17-12-2013, 05:04 PM
RE: Wrongful birth
(17-12-2013 04:48 PM)Adrianime Wrote:  Interesting article, although I'm curious of a few things, such as...

-Will this bankrupt the hospital (Businesses have some sort of "in case i get sued" insurance right?)?
-Is 50 million a reasonable amount? Is that actually how much they will need to raise this child?
-Is the article more concerned about the supposed (lack of) morality of aborting than whether or not the hospital made a mistake?
-Who is going to get fired?

My mom had 8 kids, me and my little brother being her last two. From what I know, as a woman's age increases, her chances of having a healthy baby decrease. Also, her chance of having a healthy pregnancy decrease. My mom had me when she was 37, and my little brother when she was 43.
I believe for both of us, she was told that because of her age there would be a high risk for genetic defects in her children. She was asked to take some certain test that would help determine if that was going to happen, but she declined and said, "It doesn't matter, I'm having them either way."
I learned about this recently because my sisters (who are in their late 30s) were takling about it. They said my mom was incredibly irresponsible to not have the tests done because it would have helped her prepare for whatever was to come. Luckily none of my siblings had any serious issues.

Anyways, overall I support abortion in almost all cases, however I find the crowd who won't abort unless it is a genetic defect holding a hugely hypocritical stance. An abortion is an abortion, it doesn't matter if it is a rape baby, has defects or whatnot. Either way, you are doing the exact same thing. Trying to "justify" that it is only ok for certain circumstances is hypocritical.

I disagree if my child was hit by car or something and because of the driver's negligence caused my child permanent injury I wouldn't hesitate to sue. Not when you consider the costs rehabilitation or life-long care.

I see little difference between that sort of injury and something that is allegedly screened for before birth and found later to be wrong.

I also should probably note, I have a special needs child -- no one's fault -- nothing we could have known in advance. The responsibly is ours to shoulder.

Edited to add the facility's insurance will likely cover the settlement. Or they will be forced to close.


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17-12-2013, 05:11 PM
RE: Wrongful birth
(17-12-2013 04:53 PM)Anjele Wrote:  
(17-12-2013 04:11 PM)Dom Wrote:  Yabbut - in this case the hospital failed to ask for the specific test the parents knew they needed. Had the hospital asked for the correct test, the result would not have been 50/50 but conclusive. In other words, in this case the parents did not leave it up to chance but the hospital's negligence caused a faulty report to be issued.

Shit happens - but in this case the parents seemed to be aware of what kind of shit, the ways to test were in place, and the hospital screwed up.

If there is one thing I have learned with all this cancer shit, it's to follow up and not simply assume that what you know should be done has been done. The parents seem to have dropped the ball...the 'blame' seems to be shared in that case.

But again the parents were told the test results and were not informed of the error (in this case an omitted important test) until later. It comes down to what a reasonable person would do. If your doctor told you were comepletely cancer free (because of an error) and you later found this wasn't the case, he was completely wrong -- wouldn't you sue?


God is a concept by which we measure our pain -- John Lennon

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17-12-2013, 05:14 PM
RE: Wrongful birth
I may have written my piece poorly, but I'm not saying I think they were wrong to sue. Just curious if the settlement amount was appropriate.

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17-12-2013, 05:18 PM
RE: Wrongful birth
(17-12-2013 05:11 PM)Momsurroundedbyboys Wrote:  
(17-12-2013 04:53 PM)Anjele Wrote:  If there is one thing I have learned with all this cancer shit, it's to follow up and not simply assume that what you know should be done has been done. The parents seem to have dropped the ball...the 'blame' seems to be shared in that case.

But again the parents were told the test results and were not informed of the error (in this case an omitted important test) until later. It comes down to what a reasonable person would do. If your doctor told you were comepletely cancer free (because of an error) and you later found this wasn't the case, he was completely wrong -- wouldn't you sue?

I am fully aware that they can never promise me that I am 100% cancer free. Therefore I would want a another test to be sure. Just like now when I am going to have some tests rerun because the test is so far off from what I have had for results in the past. There is a time to take responsibility and a time to realize there are few, if any, guarantees when it comes to health.

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17-12-2013, 05:23 PM
RE: Wrongful birth
It's the hospital that dropped the ball, not the research facility. So, the hospital has malpractice insurance.

The amount of money is for life time care of a person who can't walk and can barely think. This kid is going to need care takers and a place to live till the day he dies. This money is not for the parents to use up, but for them to be able to have one stay at home parent for as long as they can care for the kid, and then for the kid to be taken care of until death.

The Israeli situation is interesting too - so many children suing saying that they should not have been born that the court had to stop taking the cases. Only parents can sue anymore.

I imagine it must be horrible for the parents to have their kid appear in court and say: "I wish I had been aborted. My life sucks and will always suck. I need care for the rest of my life now".

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17-12-2013, 05:32 PM
RE: Wrongful birth
This whole thing bothers me. It bothers me that they'd say "had we known xyz we would have aborted." Geeesh.......... that's just super harsh.
But
They asked for information and was pretty much given faulty information - so yes to the law suit.

I guess bottom line for me is ANY of us parents who have a child - the first thing you do is count fingers and toes and look for abnormalities. Fairly accurate reaction - hoping your baby is 100%. But I would certainly hope had one of mine Not turned out perfect that my reaction wouldn't have been 'eesh I should have aborted this one'.... I mean really?
That's not really the scenario with this tho. They DID try to check and couldn't make an informed decision with bad tests (or lack of the Right tests I should say)

So - yeah I understand the lawsuit. But basically I don't like these people because if you choose to have children you should be prepared to LOVE them unconditionally - tests, no tests, heads-up or none........ rain or shine........broken or perfect. With parenthood - that's the deal.

If these people wanted to be assured 100% of a healthy child with zero problems they could have checked the pedigree of a child waiting for adoption. With No chance of "Shit I wish I'd aborted you" afterwards.


eeesh
*shakes head* Don't like it. I just don't like it.

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17-12-2013, 05:59 PM
RE: Wrongful birth
(17-12-2013 05:32 PM)WitchSabrina Wrote:  This whole thing bothers me. It bothers me that they'd say "had we known xyz we would have aborted." Geeesh.......... that's just super harsh.
But
They asked for information and was pretty much given faulty information - so yes to the law suit.

I guess bottom line for me is ANY of us parents who have a child - the first thing you do is count fingers and toes and look for abnormalities. Fairly accurate reaction - hoping your baby is 100%. But I would certainly hope had one of mine Not turned out perfect that my reaction wouldn't have been 'eesh I should have aborted this one'.... I mean really?
That's not really the scenario with this tho. They DID try to check and couldn't make an informed decision with bad tests (or lack of the Right tests I should say)

So - yeah I understand the lawsuit. But basically I don't like these people because if you choose to have children you should be prepared to LOVE them unconditionally - tests, no tests, heads-up or none........ rain or shine........broken or perfect. With parenthood - that's the deal.

If these people wanted to be assured 100% of a healthy child with zero problems they could have checked the pedigree of a child waiting for adoption. With No chance of "Shit I wish I'd aborted you" afterwards.


eeesh
*shakes head* Don't like it. I just don't like it.

You are looking at it from the parent's point of view.

But what about the child?

I know I would not want to be born wit an IQ of 70 and never being able to walk. I would wish I had been aborted - if my brain worked well enough to even evaluate my own situation.

Not everyone ends up valuing their own life as much as their parents did. Look at the Israeli situation regarding this... Is it ok to force a kid into a life that sucks?

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