$21 Million Awarded for 'Wrongful Birth'

[KathleenElsie]

$21 Million Awarded for 'Wrongful Birth’

news.aol.com/story/_a/21-million-awarded-for-wrongful-birth/20070724013109990001
By MITCH STACY,
AP
Posted: 2007-07-24 05:18:05
Filed Under: Nation

TAMPA, Fla. (July 24) - In what is being called a " wrongful birth " case, a jury awarded more than $21 million Monday to a couple who claimed a doctor misdiagnosed a severe birth defect in their son, leading them to have a second child with similar problems.

But because the doctor works for the University of South Florida, the family will have to persuade the Legislature to award most of the money. State law limits negligence claims against government agencies at $200,000.

…

Wrongful Birth?? What is that??

Please read the whole story. I feel for this couple. But wrongful birth??

 

[KathleenElsie]

I know the media used this as hype. This should have been a medical malpractice case plain and simple. But, some people believe what they read and will actually think of it as WRONGFUL BIRTH.

 

[smithtg]

this was also in the article

“Had the disorder been correctly diagnosed, a test would have indicated whether the couple’s second child also was afflicted and they would have terminated the pregnancy, according to the lawsuit.”

I really think the couple viewed this condition as ‘unwanted’ and did not want another child with the condition, even after she was pregnant. I pray for the couple. We all have crosses in our lives, let’s pray for their willingness to accept theirs as opposed to wishing they had never had the child.

 

[KatieD]

Kathleen is exactly right - this is a medical malpractice case. Calling the case a “wrongful birth” case makes it more tabloid-worthy to the public. There have actually been “wrongful birth” cases, believe it or not, brought by parents who went to abort their babies and whose babies were able to survive. Shameful.

 

[OriginalJS]

I know the media used this as hype. This should have been a medical malpractice case plain and simple. But, some people believe what they read and will actually think of it as WRONGFUL BIRTH.

I agree with this observation. I don’t know enough about Florida law to know whether the Courts there would recognize this as a tort case based on medical negligence or a breach of contract. It appears that negligence would be superior since it would more easily fit the scenario and possibly allow for punitive damages. Whatever, don’t be taken in by hypersters’ terminology, here, “wrongful birth.”