Monday, January 16, 2006

I wish I was never born

Straight from my casebook: Infant plaintiff alleges he is born with congential rubella syndrome and doctors negligently deprived his parents of the choice of terminating the pregnancy. He seeks damages for pain and suffering and for his parents impaired capacity to cope with his problems.

Yes... the doctor negligently misdiagnosed the mother. Yes the doctor should pay up the nose. But... A baby suing because his parents didnt abort him?? *oy*

It sounds unbelievable but it's true and not that uncommon. The action is wrongful life. The case I quoted from is: Procanik v. Cillo, 97 NJ 339 and here is a link with some articles of recent such cases.

27 comments:

Raheel said...

its really sad :(

Jane said...

This is made up, right?

mystic-soul said...

Is he suing Drs or his own parents?...as you wrote.."his parents impaired capacity to cope with his problems."

Per Ghalib

Hota hai shab-o-roz tamasha mere aage

(Every moment there is a circus in front of me)

say what? said...

That cant be true ...
Besides the pic makes me feel as if its taken from onion .. ?
is that true?

am crackng up ..

Tee said...

Wow that is strange and sad if true.

Aisha said...

Hey all, I have updated my post with the case cite. It is a true case. I was reading it and had to read it about three times to believe my eyes. It is a sad situation because these children are born very disabled... but it is just sad to inituate a lawsuit "I'm suing becuase I was born"

The baby is suing the doctors for not advising his parents to terminate him. Ofcourse this is what's referred to as legal fiction. The baby isn't suing. The parents are suing on behalf of the baby. That makes it sadder I think.

Vox, the picture might be from the onion. It's not the child involved in the case. I just thought it looked like a child who'd initiate litigation!

Aisha said...

The articles dont emphasize the whole "I shouldnt have been born" and more on care for the child. But the case I read is from the early 80's... and they actually argued that the child should have been aborted. I think with more awareness they don't say it so bluntly.

natasha1313 said...

my first thought was "that's horrible"
my second thought was "and wouldn't it be difficult to prove how someone might have acted in this situation?"
my third thought was "this reminds me of X case in torts"
law school, it changes a person.

Aisha said...

Natasha, welcome and thanks for commenting! YES it is from Torts :) sad aint it! :)

Emory said...

First of all I want to say that I am personally 100% for the right to life. With that said, there is nothing more sacrosanct than the right of choice....PERIOD end of story.

One of the main reasons women go to physicians during pregnancy is to check on the health of the their unborn. There is an expectation and right to be informed of any and all anomolies.

If the physician did willingly or unwillingly (I don't doubt that could happen also) withold information then he/she should be sued.

A right to sue on the grounds that you should never have been born, also streghens the legal aurgument for a womens right to choose.

I see no problem here......

as for the picture, I thinks its fabulous. Finally an appropriate story for photo of a Carolina Gamecock fan ;)

Champ - Love Hound said...

I'm not sure about this pic But some times Doctors' Negligently misdiagnose can worse many situations.

I hope you 'r doin' good.
God bless you....

Aisha said...

Emory: totally with you on the legal reaons for such lawsuits. Doctors must be held accountable for misdiagnosing, and they should pay for it. But goodness, can't they come up with a better term than wrongful life and "Infant suing because he's alive and wishes he were dead".... that's just wrong to the ears you know? OUCH re the gamecock comment... just remember hubris.. tis a vice. Come next year we'll see who shall be smug :)

Boxin: The baby isn't the baby in question. Just a random cute baby who looks mighty frustrated.

momyblogR said...

What is wrong with people? I swear, it just goes to show you where we are headed and it's scary!

Reza said...

wow.. Thats messed up :|.

mezba said...

If the doctor knew about the disease and the fact that the baby would be born with severe handicap, but withdrew the information because he believed in right to life, then he should be sued for not doing his duty as a doctor. By law you have to provide all information to the parents and let THEM make the decision. Oh, but what a terrible, messed up situation!

wayfarer said...

That is crazy and sad at the same time.

Kashmiri said...

The world is defo in decline. Lets build an ark or something...

Aisha said...

Mommyblogr, reza, wayfarer, and Kashmiri.. I agree with you guys. It's sad.

Kashmiri, ark... where when how? Let me know so I can buy a hammer or get some nails :)

Mezba I agree and that is why cases like this come about. Because doctors should be accountable for their actions. It's not the situation I was shocked to see... yes a doctor should pay up the nose... but it was just the semantics of how they're trying to make him pay. Wrongful life. sniff.

Champ - Love Hound said...

Aisha Dear! I know it's not that baby 'n' I agree with what you 're sayin' here. It's just so Sensitive thing, Isn't it?

Thankyou for your Nice comments on my blog, Do visit soon. I hope you 're doin' good.

God bless you....

FunkyB said...

Are you kidding me? I say that as a statement of shock, not a stupid question.
Okay -- when I have more time, I'm looking up the case. I believe you, of course, but I'm dying (no pun intended) to see how this turned out.

Aftab Iqbal said...

No waaaaaaaaaaay!!!!! *shocked*

Aisha said...

Robin I'm sorry I didnt write how it turned out. The "baby" was given compensation for his health issues and the medical expenses already incurred but he did not get damages for his parents impaired capcity, or for his impaired childhood. Most wrongful life cases don't go very far but they are gaining steam.

Sdit. said...

It's a sad day in the U.S. when things like this happen....
next you'll hear about unborn fetuses suing. If the parents had a problem with it why not just sue in their own name?

Had the doctor failed to detect the rubella or he failed to inform them of it?

Aisha said...

welcome sdit, the parents did not sue because their statute of limitation had run out (the time they could sue within had expired)... the baby's time hadn't expired. :(. The doctor did a test but did not interepret it correctly. He made a mistake. The rubella was there he didn't see it.

Most courts will deny recovery for these claims.

But again its a com;licated situation. I mean the doctor did make a mistake. This child IS suffering. Maybe a doctor should pay for being negligent.

Not an easy answer.

ASH said...

Judicial license gone amuck! Nuff said....

Anonymous said...

hi aisha.

I was born with CRS. I am now 47 with severe hearing loss (wear two hearing aids) and had to attend normal schooling. In the 60s it was very difficult to get the proper education due to the lack of training of education children with disabilities. I unfortunately suffered greatly being the only child in the whole school system to be handicapped.
After reading this clip, I can understand why he felt the way he did... In fact I wished that my mother would of aborted me to spare the pain and the aniety of how hard my parents tried to get me an education and a fair chance to be a productive person. It a difficult road for anyone who has a disability. I say this because I would of wanted my mother to have a choice not because of a doctor who happens to be catholic and does not believe in abortions. But I ask each one of you women (and men) that if you were pregnant with a child and you were sick with Rubella, would you give birth to the child knowing that child will be born with a disability....

Will you give that child all the needs and support because he or she will need it all for the rest of their lives...

Athought I have asked my mother the question, 'if she had the choice would she choose to abort me'... She has told me (knowing full well that I would of wanted her to do it) there were others who did abort their babies, but I wanted you despite how hard it would be for you.

I think for all of you, the question is you should really be in the other guys shoes for once know what it really feels like be a person with a disability.

Aisha said...

Anon I dont normaly respond to comments from archived material but I felt compelled to respond to you. I am so sorry that you have had to struggle in your life. I am sorry that you have had to wonder whether or not you should have been born. I spend my life representing children with disabilities and chronic illness to have an equal chance at education. I am not in your shoes, but each day I work with young people battling difficult issues as a result of their disabilties and illnesses. I cannot ever say that you are wrong for how you feel because it is in truth how you feel. But I will say that your life is meaningful. Its worthwhile. Just hearing your struggle makes me more motivated tomorrow to represent a child with a disability get a better chance in life and get the benefits they are entitled to. That means that thanks to your presence on this earth, a child will be benefitted who is struggling as you have.

The reason that I felt frustrated with these cases are from an INFANT's point of view. A six month old suing because they wish they were not born is not possible... a 6 month old isn't at that stage in life to conclude such a thing. For that reason I find the implication troubling. As for suing a doctor who misdiagnosed, or didn't do the right thing for the mom, that is a different matter and he should, as I said in this post, pay up the nose.

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