Wrongful Life Suit
An Australian woman is suing her doctor for letting her disabled daughter be born writes Emmanuelle Grinberg on CourtTV.com:
A blind and deaf Australian woman who claims she never should have been born is suing a doctor for a lifetime of suffering in the country's first "wrongful life" suit.Alexia Harriton, 24, is seeking compensation from the doctor who misdiagnosed rubella in the first trimester of her mother's pregnancy, claiming Olga Harriton would have aborted her had she been aware of the potential birth defects arising from the illness.
Lawyers for the Sydney woman argued in Australia's highest court Thursday that Dr. Paul Stephens is liable for the costs arising from a lifetime of medical treatment that Harriton needs to survive.
His negligence resulted in the birth of a child who is "profoundly disabled," a media spokesperson for the law firm representing Harriton told Courttv.com.
...Harriton's lawyers claim that Stephens had a duty to Olga Harriton and to her unborn daughter to inform her of the risk of the infection passing to her child.
"Had the rubella been diagnosed, Olga [Harriton] would have exercised her lawful right to terminate the pregnancy," court documents state.
The suit says Harriton, 24, who was born mentally retarded, spastic, deaf and blind, is in need of constant round-the-clock care from which she "can look forward to no improvement" in the future.
...Alongside Harriton's suit is a similar claim from a 5-year-old Australian boy who was born with permanent brain damage and cerebral palsy after doctors failed to detect a blood disorder present in his father's system.
Keeden Waller's parents have filed suit on his behalf, claiming they would have sought out other methods of conception had they been aware of the potential for birth defects.
Waller's claims were also heard Thursday in conjunction with Harriton's, after a New South Wales appeals court rejected both their claims in 2004 in a 2-to-1 decision.
Those justices also said it was impossible to determine whether no life was better than a life of suffering, or to assess liability for that suffering.
Appeals Court Chief Justice James Spiegelman also found that the doctors did not breach any duty to the children.
The dissenting justice, however, found the doctors' negligence especially grave in light of the fact that the disabilities were easily detectable and preventable.
I know people love their disabled children, but just as I wouldn't want to live as an aging vegetable on money that could be spent on children with a future ahead of them, I think people should reconsider the politically correct notion that every fetus should be allowed to grow into a child.
I don't think the "notion that every fetus should be allowed to grow into a child" is politically correct at all. It is more politically correct to say if the child may be a burden, then kill "it".
em at November 16, 2005 6:27 AM
No, that would be the opposite of political correctness.
Amy Alkon at November 16, 2005 6:30 AM
yeah....em, what you said is about as politically correct as hosting an aborted fetus potluck for a lynch mob.
Jake at November 16, 2005 8:30 AM
See, *this* is yet another confirmation that having that surgery so that I would never get pregnant was the right thing to do! Not every woman has to conceive. The world is overpopulated as it is. This whole concept of a "wrongful life" suit though is frivolous and stupid. Do they think *money* is going to make it all better???
Sheesh. As if.
Goddyss at November 16, 2005 8:35 AM
Well, yes, money *will* help if it means assistance with paying for a lifetime of medical care that otherwise would not have been necessary.
I have a son who is mentally retarded (and has hypotonic CP) due to oxygen deprivation at birth. I had a crash C-section and by the time they pulled him out, his heart had stopped. They administered CPR for over 19 minutes before his heart and respiration started back up, even though they knew he was past the point where he would probably have some significant brain damage. While today he is doing better than anyone imagined and is a happy, loving child, he will need assistance with his daily living for the rest of his life and will probably not be able to work to support himself in any way. I love him more than anything, but the worry about what will happen to him after we're gone keeps us up at night (especially after the articles in this Sunday's LA times about trusts and conservatorships being plundered, but that's another story).
Had we been given information and a choice at the time of his birth, we probably would not have chosen for the doctors to continue to attempt to recussitate him past the point where they knew there would be brain damage. However, we chose not to pursue any litigation as we're not the suing kind. Most of our financial planning these days is focused on providing for him now and later (physical, speech and occupational therapy at over $200 per hour adds up quickly unless you have REALLY good insurance).
So I can certainly understand the motivation behind these kinds of lawsuits.
deja pseu at November 16, 2005 11:01 AM
>Most of our financial planning these days is focused on providing for him now and later (physical, speech and occupational therapy at over $200 per hour adds up quickly unless you have REALLY good insurance).
This has nothing to do with the topic, but I know quite a few people who went on to become occupational therapists, and I don't think any of them make more than $20-$25 per hour, though I fully believe that you are paying the $200. My question is who exactly is collecting the other $175 per hour?
little Ted at November 16, 2005 11:29 AM
Probably the clinics that employ them. We hire a private speech therapist directly and she charges us $120 per hour.
deja pseu at November 16, 2005 11:44 AM
This is the sort of lawsuit that will only serve to drive good doctors out of the business.
Mike at November 16, 2005 12:51 PM
On what planet is it fair to say that doctors get to reap the profits of their work, but do not have to pay the consequences for botching a delivery?
Woof at November 16, 2005 6:52 PM
Mike, sounds to me like this sort of lawsuit might drive *bad* doctors out of business, to which I say "good riddance."
jen at November 17, 2005 5:29 AM
Hmmmmm...
I've never yet heard a woman who had a miscarriage say that she lost the "fetus".
How is it that the child is a "fetus" only when its unwanted?
How convenient. How utterly selfish.
To kill what would have, in my experience, always been referred to as a "child" just because it's not wanted.
That sleight of hand is indefensible, as is the killing itself.
gp at November 17, 2005 5:54 AM
Well, my sister and boyfriend always point out how they know I'll never be a mother because when I'm talking about a hypothetical child I always use the word "it."
Would you, gp, want to remain on life-support as a vegetable at a cost of thousands per day (my guess as to the price)?
Amy Alkon at November 17, 2005 7:17 AM
"Would you, gp, want to remain on life-support as a vegetable at a cost of thousands per day (my guess as to the price)?"
It's only been a few months since the Terry Schavio case was being fought. My guess is most conservatives would say yes.
There was news the other day that they now have a test that can detect down syndrome in the first month or trimester (can't remember which). I was listening to some conservative talk shows where the host was opposed to the test because it might lead to more abortions. He had a bunch of callers with down syndrom kids saying how wrong it would have been to abort those kids.
nash at November 17, 2005 10:32 AM
>Probably the clinics that employ them
Do you know if there's some sort of permit requirement to open one of those?
little Ted at November 17, 2005 12:07 PM
It probably depends on the state, but I'd bet good money you have to be a licensed and certified physical and/or occupational therapist. The woman who started and owns the clinic we go to has a couple of masters and a PhD in peditric physical therapy. She also attends regular training seminars to stay current.
deja pseu at November 17, 2005 1:25 PM
My son is severely disabled from the utter stupidity of smart ass no it all doctors, They play with fire and dont even realise it. I wonder how they would feel if there lovely spoilt little child was damaged by someone elses mistake and then was told to sell every thing they have and live like shit for 10 years or so, protected koalas gee we cull them dont we?
a very pissed dad!!! at March 4, 2010 7:28 AM
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