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Mother sues for son's suffering (Wrongful birth)
Times Live ^ | Aarti J Narsee

Posted on 08/29/2014 10:49:52 AM PDT by Morgana

In a case that is the first of its kind, a Cape Town mother went to court on behalf of her Down's syndrome six-year-old son. The mother, who cannot be named to protect the child's identity, wants the Foetal Assessment Centre, in Claremont, to pay damages for, she says, failing to recognise that her unborn son was at "very high risk" of Down's syndrome.

Had she known the severity of the risk, she would have aborted the foetus, she said.

If the court, which has reserved judgment, rules in favour of the mother, it would open the door to a new basis for a claim for damages, "wrongful suffering".

(Excerpt) Read more at timeslive.co.za ...


TOPICS: Chit/Chat
KEYWORDS: abortion; downsyndrome; prolife; trisomy21

1 posted on 08/29/2014 10:49:52 AM PDT by Morgana
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To: narses; wagglebee; GeronL; little jeremiah

prolife ping


2 posted on 08/29/2014 10:50:19 AM PDT by Morgana ( Always a bit of truth in dark humor.)
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To: Morgana

She means her own sefishness


3 posted on 08/29/2014 10:51:57 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Morgana

Foul, evil selfish woman.


4 posted on 08/29/2014 10:52:58 AM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: Morgana

No test is ever going to be 100% accurate. If you are that afraid of raising a child with a disability, please, for the love of God, just don’t breed.


5 posted on 08/29/2014 10:53:33 AM PDT by Boogieman
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To: Morgana

That baby was born on purpose for His Purpose. May Christians come into this mother’s life to comfort her and also present the salvation message. Heavenly Father, please provide protection for this baby as well as Divine Healing. In Jesus Name, Amen


6 posted on 08/29/2014 10:54:45 AM PDT by Maudeen ("End Times Warrior - Sinner Saved by Grace")
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To: Boogieman

If you are afraid of raising a child with a disability give it up for adoption! There are people who will adopt children with Trisomy 21!


7 posted on 08/29/2014 10:56:26 AM PDT by Morgana ( Always a bit of truth in dark humor.)
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To: Morgana

I think this woman deserves the rightful way of being a test bunny for incendiary rounds for something this immoral.


8 posted on 08/29/2014 10:58:16 AM PDT by InsidiousMongo
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To: Morgana

What suffering? Life itself is a struggle. By that logic, everyone should be paid for being alive.


9 posted on 08/29/2014 12:33:15 PM PDT by Politicalkiddo ("Never do anything against conscience, even if the State demands it." -Albert Einstein)
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To: Morgana

A cause of action for wrongful birth was talked about in my torts class as so farfetched as to be ridiculous, because in 1982 the idea that being able to prove that someone would have been better off never having been born was unthinkable.

Look how far we’ve come - down...


10 posted on 08/29/2014 1:20:37 PM PDT by jagusafr (the American Trinity (Liberty, In G0D We Trust, E Pluribus Unum))
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To: Morgana

“If the court, which has reserved judgment, rules in favour of the mother, it would open the door to a new basis for a claim for damages, “wrongful suffering”.”

I think there is case law on this and not a case of first impression—except, it may be in this particular state.


11 posted on 08/29/2014 3:11:52 PM PDT by SgtHooper (Anyone who remembers the 60's, wasn't there!)
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