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Wrongful birth lawsuits (5 questions)

Please answer all five.


1. Is it legal in your state?

2. Is it justified?

3. Do you think it effects your or your child's healthcare in anyway, such as cost or services offered?

4. With the 2010 elections, would this subject be a reason why you vote for a particular candidate for Gov, sen. rep. etc?

5. What other birth/child medical related lawsuits are you for or against, such as having the right to sue because you torn while having vaginal birth?

Answer Question
 
viridian

Asked by viridian at 9:47 AM on Nov. 12, 2009 in Politics & Current Events

Level 2 (10 Credits)
Answers (7)
  • 1. Yes wrongful birth actions are allowed in my state.

    2. Is it justified? Hmm..thats a tough question to answer being that I've never been in that position. Courts traditionally were reluctant to allow wrongful birth suits unless the plaintiff could prove negligence and even then the damages were limited to the child's medical needs, emotional distress was excluded from being included by the parents. I do think if someone your child at birth to the extent that you will be disabled for life, recovery should be allowed.

    3. Do I think it affects my childrens' health care costs? Yes malpractice insurance is factored into everyones cost.

    4. No.

    5. Meh, I'm not really against any. Wrongful life suits seem really dumb to me, but its not the courts place to tell people that cant file suit, its their place to tell them they have no cause of action :)
    SRiveroC

    Answer by SRiveroC at 10:10 AM on Nov. 12, 2009

  • Not sure if its legal in my state.


    No.  Birth defects are are RISK you take when you get pregnant.  NO medical test is fool proof.  Everyone knows that, and there is no way to know 100% one way or the other if the diagnosis' in those tests is accurate. I cant tell you how many people I have met over the yrs who have told me their test said the baby would have downs....and it didnt.


    No, because its not a choice.  Even if you choose to ignore the tests, there is still the chance the test is wrong and its not something the baby chose to have.....like new boobs or something.


     

    momof030404

    Answer by momof030404 at 10:19 AM on Nov. 12, 2009

  • I dont know if it would be a big issue for me. Would have to see where they stood and go from there.


    As for all the things you can/should sue for...THAT is why ins is SO expensive.  I think there is an inherent risk you take when you get pregnant. There are many things that can go wrong and most of them are out of the hands of drs.  Now, when my SIL went to have her 3rd they tried to force a vag delivery after 2 c sections. Her Dr had already told her that THAT could cause internal bleeding for her but her dr wasnt there and she couldnt get them to listen....now if THAT had ended badly I think they should have been sued.  I think if they knowingly endanger you or the baby then YES sue...but tearing?? REALLY?  You can sue for that?

    momof030404

    Answer by momof030404 at 10:26 AM on Nov. 12, 2009

  • Sorry...thought Question 3 was SHOULD it affect you childs HC costs. Whoops.
    momof030404

    Answer by momof030404 at 10:28 AM on Nov. 12, 2009

  • He---if you tear during birth it is because you did not have an episiotomy.
    That's a silly reason to sue. Actually., most are silly reasons and just means you are just plain greedy and vengeful.
    Anonymous

    Answer by Anonymous at 11:30 AM on Nov. 12, 2009

  • "such as having the right to sue because you torn while having vaginal birth?"


    WHAT?!?! You can sue for that? that doesn't even sound right.. they can't stop you from tearing... I had to be stiched up a bit, i can't imagine sueing them for that... i'd have to sue the baby cuz wasnt he the one that actually "ripped" it?
    JuLiAnSmOmMy317

    Answer by JuLiAnSmOmMy317 at 11:43 AM on Nov. 12, 2009

  • 1. Is it legal in your state? ohio -- i think so, my ob said that when i refused the downs test that she was legally required to offer it to me, so i think so...

    2. Is it justified? yeah of course, you deserve to know whatever you want to know about your unborn child

    3. Do you think it effects your or your child's healthcare in anyway, such as cost or services offered? -- not really.

    4. With the 2010 elections, would this subject be a reason why you vote for a particular candidate for Gov, sen. rep. etc? not really ... the econ, the war, privacy laws, etc... that is more important to me.

    5. What other birth/child medical related lawsuits are you for or against, such as having the right to sue because you torn while having vaginal birth? --- i think you should be able to sue over any negligent care you are given.
    AmaliaD

    Answer by AmaliaD at 2:36 PM on Nov. 12, 2009

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