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RE: wrongful birth or malpractice? - 4/22/2012 4:54:39 AM

kalikshama

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Jurors found five instances of Legacy Health's negligence, including a doctor's finding that the baby had a normal chromosomal profile based on a test that was performed and analyzed incorrectly.

Thirteen weeks into Deborah Levy's pregnancy, according to The Oregonian, her doctor tested a sample of tissue and concluded the baby did not have any chromosomal problems. Even though later tests suggested it might have Down syndrome, doctors assured the family that nothing was wrong.

A week after the baby was born, the Levys discovered their baby did in fact have Down syndrome. The doctor had taken a sample of the wrong kind of tissue, according to the lawsuit - a mistake that was never caught.

They also argued the doctors were "negligent in their performance, analysis and reporting" of their daughter's test results after she was born.

Good thing the family is in Oregon instead of Oklahoma, where doctors are allowed to lie about the results of these tests. There are also bills protecting doctors from the consequences of misdiagnosis or lies pending in Kansas and Arizona.

See our thread: http://www.collarchat.com/m_4059011/mpage_1/key_wrongful/tm.htm#

and Kansas to Pregnant Women: "A Little Lie from Your Doctor Won't Hurt You"

Despite the rhetoric of anti-abortion politicians about how all these [ultrasound] restrictions are necessary to ensure that women's decisions are well-informed, it's never been about that. Doctors who provide abortions already work hard to ensure that every woman has the information she needs to make the best decision for herself and her family. What these bills are about is politicians who think they know better than women and who are trying to impose their own views on abortion on a woman and her family regardless of the circumstances: That's what's behind those now infamous ultrasound bills in places like Virginia, Idaho, and Pennsylvania. That's what's behind the bills in Georgia and Arizona that would ban abortion at the point when a woman often learns about a devastating diagnosis. And that is what is behind so many of the other bills working their way through the state legislatures right now. The Kansas bill is, in a way, just more upfront about it.

Well, enough is enough. We may not all agree about abortion, but we can all agree that these decisions ought to be made by a woman and her family, not a politician. So, whether you are a man or a woman; whether you are already a parent or think you might become one in the future; whether you are blissfully pregnant or unhappily so, if you care about your right to make your own decisions, I ask that you help get the word out. Share this blog on Facebook and Twitter. Send an email with this link to the President of the Kansas Senate. Tell the politicians all over the country to stop interfering in a family's personal and private decisions.

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RE: wrongful birth or malpractice? - 4/22/2012 5:11:22 AM

kalikshama

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quote:

ORIGINAL: Aylee

Yep. In fact, more girl babies are aborted than boy babies. It is especially bad in China. But, yes here, in the USA, we kill girl babies for not being a boy baby.

Link please, cuz this disagrees:

http://www.in-gender.com/XYU/Gender-Preference/#Abortion

Abortion Statistics and Gender Preference

I recently read an anti-abortion article stating that, since U.S. parents prefer boys, girls were aborted disproportionally more often. When I contacted the author, he couldn't substantiate this statement, but assured me that he read it somewhere. What he probably read was that worldwide, far more females than males are aborted -- but there is no evidence that this is true in the U.S. In fact, since the legalization of abortion, the birth ratio of girls has increased relative to boys.

... In the U.S., the gender of an unborn baby is rarely a factor in the decision to have an abortion, because most abortions happen too early in pregnancy to detect the baby's gender.

Abortions in the U.S. by 10th Week of Pregnancy - 77%
Baby's gender is definitely unknown at this point.

Abortions in the 11th through 12th Week of Pregnancy - 12%
Possible, but extremely unlikely, that gender is known.

Abortions in the 13th through 15th Week of Pregnancy - 6%
Some will know gender by this point, but not most.

Abortions in the 16th through 20th Week of Pregnancy - 4%
Gender is usually determined by ultrasound around 20 weeks.

Abortions after the 20th Week of Pregnancy - 1%
Gender is probably known by now if an ultrasound is performed.

Only 5% of abortions in this country are even potentially gender related, because only 5% occur when it is likely the mother knows the baby's gender.

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RE: wrongful birth or malpractice? - 4/22/2012 6:45:50 AM

Iamsemisweet

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This whole discussion is interesting in light of the fact that one state, Kansas I believe, is considering legislation that would absolve a doctor of liability for withholding information he believes would cause a woman to seek an abortion, like birth defects. Sound like Legacy in this case was more inept than advancing a political agenda, but still, legislation like that would likely make suits like this impossible.

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RE: wrongful birth or malpractice? - 4/23/2012 12:12:28 PM

GotSteel

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quote:

ORIGINAL: JstAnotherSub
A dear friend, who has a son in his 20's that has Downs Syndrome, posted this on Facebook, expressing her outrage about the verdict.

Her son is one of the sweetest, kindest people I have ever met. I understand that she feels it is an affront to his existence, but.....

I suspect she's taking this verdict as a statement that her son doesn't have worth. The vast quantities of money we as a society are spending to educate special needs children is a testament to that not being the case.

Thing is a child with Downs syndrome takes a great deal more care and attention than the average, the plaintiffs checked to make sure they wouldn't end up in such a scenario and did anyway because someone fucked up at doing their job. In such a case it seems like it's pretty open and shut that there's some liability and the parents would be stupid not to get the money to give their child a brighter future.

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RE: wrongful birth or malpractice? - 4/23/2012 12:22:23 PM

Moonhead

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quote:

ORIGINAL: JstAnotherSub

The thing that bothered me with the discussions on Facebook was folks saying that there is no way the parents can love a child that they would have aborted.

The child is now 4, if I recall correctly, and there is nothing that indicates, to me, that these parents are lying about their love for her, and want to provide her with the best care they can forever.

It's a bit rough on those born with Down's syndrome, true enough.
I'd assume that a child who their parents can't afford and maybe damned them to drop out of school and spend the rest of their life on benefits would be resented a lot more, but then I'm an idealist...

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RE: wrongful birth or malpractice? - 4/23/2012 12:25:59 PM

tazzygirl

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Something not everyone is thinking about.. but.. what happens to that child if something happens to the parents? This isnt just a "pay check".

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RE: wrongful birth or malpractice? - 4/23/2012 12:30:57 PM

Moonhead

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If caribou Barbie doesn't have an issue with that, why should they?

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RE: wrongful birth or malpractice? - 4/23/2012 12:31:59 PM

kalikshama

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quote:

Something not everyone is thinking about.. but.. what happens to that child if something happens to the parents? This isnt just a "pay check".

Good point. My brother has disabilities, which is why my parents are leaving more money to him than to my sister or me.

Actually - "for him" not "to him" as he cannot/will not budget.

< Message edited by kalikshama -- 4/23/2012 12:32:26 PM >

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RE: wrongful birth or malpractice? - 4/23/2012 5:58:56 PM

GotSteel

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quote:

ORIGINAL: tazzygirl
Something not everyone is thinking about.. but.. what happens to that child if something happens to the parents? This isnt just a "pay check".

I'd say it's not a matter of if but a matter of when, unless these parents are planning to outlive their child.

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RE: wrongful birth or malpractice? - 4/23/2012 9:25:46 PM

kitkat105

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quote:

Like most, I will say that I think they should count themselves lucky that the child has a disorder that will allow her to live to adulthood.

You could say this, but people with Down's syndrome face a lifetime of illnesses that come with that genetic defect.

Obesity (and associated health problems with joints, diabetes, heart)
Congenital heart failure
recurrent ear infections, deafness
hypothyroidism/hyperthyroidism
obstructive sleep apnea & asthma, aspiration pneumonia from swallowing difficulties,
higher risks of certain cancer
gastrointestinal defects like Hirshsprung's leading to chronic constipation
epilepsy
early onset Alzheimers
cataracts, glaucoma

This is not including the potential physical and mental disabilities they may have depending on how severely they are affected.

So yes, while all of these issues can be medically managed and education & early intervention has improved, I think any couple wishing to abort an embryo with these markers are well within their right to. Suing the doctors for their mistake doesn't always mean they love the child less, but if you want to give that child the best possible outcome, it is going to come at a high cost.

The life expectancy has increased, but they have a lot of health issues to deal with to get to that age.

< Message edited by kitkat105 -- 4/23/2012 9:28:47 PM >

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