Girl, 7, can sue city over prenatal injuries

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beckers

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I don’t know if you guys saw this but it is an interesting article. The basics is that the girl can see the sue the city of New York since their public toliet broke and caused her mother to go into labor early 4 months early. She surived but has disabilities. This was the part that caught my eye…

nydailynews.com/front/story/501161p-422561c.html

City lawyers tried to get the case dismissed before trial by arguing that the child had to have been able to survive outside the womb at the time the injuries occurred in order for her to recover damages. …

The judges were careful to craft the decision so it would not encroach into the abortion debate.

“Abortion cases are genuinely distinguishable from the [Leighton] case since fetuses which are aborted are not born alive,” Brooklyn Appeals Court Justice Gloria Goldstein wrote.
"However, if the abortion fails and causes injury to the fetus who is later born alive, the child may have a cause of action sounding in medical malpractice to recover damages for the injuries sustained."

Does this mean that childern that are aborted but come out alive now have the right to sue? Wouldn’t that make the person (the bothced aborted baby) have rights and therfore all those cases were childern are born after an abortion but left to die would now have the right to live??

Peace,
Beckers
 
This is just another example of how the mental gymnastics engaged in so that the desired result could be reached in Roe v Wade have caused our legal system to become schizophrenic. For instance, in my state we have a crime which makes it a felony for anyone to cause the death of a fetus – with the clear exception of the mother and an abortion doctor. So, if someone who knows a woman is pregnant shoots, stabs, pushes, etc her and causes her to lose the baby, that person commits two offenses – one against the mother, and one against the child, er, fetus. Bottomline: unborn children can only be harmed or killed at their mother’s request.:banghead:
 
This is just another example of how the mental gymnastics engaged in so that the desired result could be reached in Roe v Wade have caused our legal system to become schizophrenic. For instance, in my state we have a crime which makes it a felony for anyone to cause the death of a fetus – with the clear exception of the mother and an abortion doctor. So, if someone who knows a woman is pregnant shoots, stabs, pushes, etc her and causes her to lose the baby, that person commits two offenses – one against the mother, and one against the child, er, fetus. Bottomline: unborn children can only be harmed or killed at their mother’s request.:banghead:
Oh texas has you beat. A young mother gets he boyfirend to beat her up so that she will have early pregency. The child dies. The boyfriend gets charged with Murder. Her nothing…Welcome to the world of the legal justice system…
 
Amazing how stupid laws can be isn’t it?

Sad but true… A friend of mine was expecting his first child any day. On Dec 30th his wife had a doctor appointment and they checked the baby…everything was great, baby was due any day. On New Year’s Eve and he and the wife went out to dinner. They were coming home before midnight when a drunk driver hit them. She lost the baby, my friends career ended due to his injuries and the drunk driver broke his neck(he recovered 100%). While they were all in the same hospital, the woman’s dad came to see her…crying about his first grandbaby dying. He found out that the guy that killed his first grandbaby was in the same hospital, went home got his hunting rifle and came back to the hospital. He got arrested for attempted murder. They tried to charge the drunk driver with murder but the laws of the state said the baby is not alive until it has been born. In otherwords… they couldn’t charge the guy because the baby was still in the womb and until it is a live birth, that baby isn’t a person! I swear this is a true story… It was sooo sad!

That same state would not allow another friend to charge her husband for raping her. Apparently there was no marital rape laws. He beat and raped her and then tied her up until her bruises went away… clever guy huh?
 
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