Couple awarded $21m in "Wrongful Birth" case (1 Viewer)

[geoffspins]

http://www.cnn.com/2007/US/law/07/24/wrongful.birth.ap/index.html

Comments?

 

[Det. Brees]

ok i will say i think the doctor is liable to a degree, but not to the tune of 21 million dollars

 

[Hoyasaint]

Well I guess it would depend on how bad that doctor messed up. Clearly the evidence was not in his favor.

 

[geoffspins]

I may be being a little obtuse here but:

(a). It took me about 30 seconds online to find that chances of genetic disorders repeating are pretty high because they are errr... genetic
(b). Couple would have had a termination had the diagnosis been correct
(c). given (a). I would have sought a second opinion

I guess the couple are lucky I wasn't on that jury.

 

[robsmith32]

thank them for raising our medical costs.

 

[Hoyasaint]

How about thanking the people who aren't insured?

Better yet, how about thanking the insurance companies who raise rates to cover for bad investments, then blame the plaintiffs lawyers?

 

[Taurus]

I may be being a little obtuse here but:

(a). It took me about 30 seconds online to find that chances of genetic disorders repeating are pretty high because they are errr... genetic
(b). Couple would have had a termination had the diagnosis been correct
(c). given (a). I would have sought a second opinion

I guess the couple are lucky I wasn't on that jury.

The jury decided that Kousseff was 90 percent negligent and that an Orlando doctor not named in the lawsuit was 10 percent at fault.

Sounds like they did and the second doctor just agreed with the first.


Also, Child1 was born with the defect. Parents go to a specialist to find out what it is and if they can safely have more kids. Specialist screws up the diagnosis of Child1 and says they can have more without worry. Child2 comes along and has the same thing as the first.

A proper diagnosis might have kept them from trying for Child2 in the first place.

 

[THAJCODE]

There is no statutory cause of action for wrongful birth in this state.

 

[Hoyasaint]

There is no statutory cause of action for wrongful birth in this state.

There could be, just not in anything BarBri says.

 

[THAJCODE]

 

[HennessyRob]

I remember reading about this lady and man who had 3 kids that were dwarfs with horrible breathing problems, and deformed arms. They said that after their 1st child died,their doctors told them that they shared a gen that caused these types of births, What did the 2 of them do? Have 3 more sick babies.