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Couple Receives over $21 Million Dollars for "Wrongful Birth" of Handicapped Son
LifeSiteNews.com ^ | July 24, 2007 | Elizabeth O'Brien

Posted on 07/25/2007 5:23:17 AM PDT by monomaniac

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To: monomaniac

They know all this, they have two other sons with this condition, they know what causes it, and they have the brass to sue somebody because they just keep on keeping on? What ever happened to personal responsibility? And they cannot fall back on the old catholic no birth control wheeze if they were willing to abort. SOme justice system.


21 posted on 07/25/2007 7:00:55 AM PDT by twonie (Keep your guns - and stockpile ammo.)
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To: ran20

Ob’s take call 24hrs a day ... don’t get paid for phone calls, filling out forms, the list could go on. Also, docs are still paying off loans for college, let alone med school. So don’t go on about how much folks are paid, please. CP lawsuits are won and lost based on junk science. While docs may make mistakes, the science points to prenatal events as the cause of cp, no matter how many slip and fall lawyers say differently. And we all pay the price.


22 posted on 07/25/2007 7:07:40 AM PDT by sono (Where there is a choice only between cowardice and violence, I would advise violence - M Gandhi)
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To: gracesdad

WOW! Guess what? I have 2 severely handicapped sons requiring medication every 4 hours around the clock. I still have not talked to a lawyer about sueing!


23 posted on 07/25/2007 7:09:01 AM PDT by Phyllo
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To: sono

Please re-read my post, my point was no profession believes it is overpaid. That is human nature.

I agree with you on the lawsuits. I have argued it should be decided administratively in the government. No courts involved. Just a team of medical experts(with actual medical degrees) to determine if wrong doing. And then along with peoples insurance to determine the resulting costs of the damage done.. and if disciplinary action is neccessary against the doctor.


24 posted on 07/25/2007 7:25:23 AM PDT by ran20
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To: GeorgefromGeorgia

He got his advice from Hugh Heffner.


25 posted on 07/25/2007 8:19:00 AM PDT by ClaireSolt (Have you have gotten mixed up in a mish-masher?)
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To: ran20
re: I agree with you on the lawsuits. I have argued it should be decided administratively in the government. No courts involved. Just a team of medical experts(with actual medical degrees) to determine if wrong doing. And then along with peoples insurance to determine the resulting costs of the damage done.. and if disciplinary action is neccessary against the doctor.)))

This would work. It's called "no fault" insurance. Not only would it provide for "adverse outcomes", directly to the patient without a lawyer taking his "third plus expenses" but it would add to the greater knowledge and improvement of medical care, since you wouldn't have medical professionals with a "fortress" mentality.

It's ridiculous to think that any human being can function throughout a whole career without errors. With a system like you suggest, they could "come in from the cold" and deal with problems.

26 posted on 07/25/2007 8:22:25 AM PDT by Mamzelle (Down with Mel Martinez)
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To: tdewey10
"There is no tort for wrongful birth in the US — so I am highly surprised that the Judge didn’t throw this out."

The wrongful birth concept and title was tossed in by the editorializing journalist. The doc was sued for failure to correctly diagnose the first kids disease and give subsequent prudent genetic counseling based on the disease the first kid presented. IOWs, it's a simple malpractice suit.

27 posted on 07/25/2007 8:40:47 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: Phyllo

Is their care so expensive that you’re going bankrupt?


28 posted on 07/25/2007 8:52:08 AM PDT by gracesdad
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To: monomaniac

Oh.My.God.

We are spinning down the drain,folks.
One bizarre news item after another,day after day.


29 posted on 07/25/2007 8:53:52 AM PDT by gimme1ibertee (If not Fred, who?....If not now, when?)
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To: monomaniac

John Edwards,line one,please....


30 posted on 07/25/2007 8:56:23 AM PDT by gimme1ibertee (If not Fred, who?....If not now, when?)
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To: Mr. K

Lawyers get sued all the time for their negligent mistakes. Were you under the mistaken impression that lawyers either cannot or do not get sued?


31 posted on 07/25/2007 8:59:38 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: ran20

Why? Who would pay the costs if there had been no lawsuit?


32 posted on 07/25/2007 9:02:41 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: gimme1ibertee

If this was a genetic thing, didnt the family have an “amnio” done? That would have given them plenty of notice. Of course, it would have been too late for an abortion, but at least they would have know about the deformity.

We had a case in our family where the Dr told my aunt that there was only one baby, and it was fine. The night before delivery, a nurse said that she heard two hearbeats. The Dr scolded her in front of my aunt.

Needless to say, the first baby came our great. Everyone was thrilled and didnt pay attention to the second baby. His head was caught in the birth canal with the cord around his head. Cut off from O2 for nearly five minutes, he was brain damaged and has been under 100% care since that date. Of course, that was in 1970.

No lawsuit. No complaints. They just took home the twins and have never left home since. No vacations, no time off. Now, if there ever was a case to be made....


33 posted on 07/25/2007 9:03:01 AM PDT by Vermont Lt (I am not from Vermont. I lived there for four years and that was enough.)
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To: pgkdan

Why? Was the doctor negligent or not?


34 posted on 07/25/2007 9:03:15 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: doodad
WHAT????? Nobody told me that lawyers couldn't be sued. Who knew? Why have I been paying for my own malpractice coverage all these year?

You are misinformed.
35 posted on 07/25/2007 9:04:44 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: ClaireSolt

That was one of the most ignorant and malicious comments I have ever seen on Free Republic. You should be ashamed.


36 posted on 07/25/2007 9:06:05 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: ran20

3 million dollars will never pay for a lifetime of care. The 21 million dollars properly invested is just about what care of this nature will cost.


37 posted on 07/25/2007 9:07:57 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: Phyllo
WOW! Guess what? I have 2 severely handicapped sons requiring medication every 4 hours around the clock. I still have not talked to a lawyer about sueing!

Yeah, tell me about it, I have 2 in diapers at home and a mentally ill teenage stepson.

I haven't called Jackie Chiles yet either.


38 posted on 07/25/2007 9:13:07 AM PDT by BureaucratusMaximus (Our national sovereignty and cohesion as a country is not for sale at any price.)
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To: sono
The are many reasons to despise John Edwards but his representation in cerebral palsy cases is not one of them.

As a medical malpractice defense attorney, I defended CP cases. We NEVER took the position that CP cannot be caused as a result of birth asphyxia/hypoxia.

My last expert in a CP case was the top pediatric neurologist in Houston. He agreed, as anyone would have to, that CP can be caused during birth, but that the facts of that case pointed to damage done in utero before labor began.

Anyone that says CP cannot be the result of events during birth is just plain ignorant.
39 posted on 07/25/2007 9:14:49 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: Iwo Jima

Just a jest. My brother and best friend are lawyers. Though they have never been sued.


40 posted on 07/25/2007 9:16:02 AM PDT by doodad
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