Wrongful Birth Cases: Medicial Malpractice Essay example

The advancement of medical technology has made it possible to detect medical abnormalities while a child is still a fetus and can create difficult choices for parents to make if severe anomalies are discovered. There are many theories regarding the moral status of the fetus that can be applied when deciding how to proceed if these abnormalities are detected. In the fetal abnormality case study, Jessica, Marco, Maria, and Dr. Wilson each have varying opinions on what course of action to take based on these different theories of moral status.

Most of the issues involved with wrongful conception cases have been adjudicated through the state courts from the 1960s to the present. Almost always they have ruled that parents cannot collect damages for the birth of a normal, healthy child, even as the result of medical malpractice through defective sterilization and contraception procedures or failure to carry out correct genetic testing or fully inform parents of the results. Nor have the courts ruled that the birth of a handicapped child is a life unworthy of living, and instead have argued for judicial restraint in making such legal and moral determinations. Even in the case of the severely handicapped, such as children with Down syndrome, American courts have not ruled that nonexistence would be preferable to living a limited life. On the other hand, the U.S. Supreme Court has recognized that parents can collect personal injury damages as the result the birth of an impaired or unplanned child, at least in the recovery of medical costs if not all the expenses of rearing the child to adulthood. State courts also allow the recovery of damages for medical expenses, training and treatment for handicapped children born as the result of failed abortion, contraception or sterilization. Due to the Roe v. Wade case of 1973, parents have the right to determine whether a child will be born or not, although recent efforts in

They fail to understand that there are many aspects that decide the amount of compensation that your child is entitled to. Some of the important aspects are the pain and suffering, scars, fractures, head or brain injuries, spinal cord injuries, long term or lifelong disabilities and even potential loss of the life he/she could have led. The aim of the compensation is to see that the child enjoys financial security and is able to claim the insurance benefits. He/she is also able to claim the medical and the rehabilitation coverage as well as compensation for the future loss of

There are four different types of wrongful laws dealing with child birth and they are wrong life, wrong birth, wrongful pregnancy and wrongful breech. Wrongful life means that the child can sue its parents or anybody that is raising them for being born. Wrongful life and wrongful birth is similar but different because wrongful birth is the parents suing the doctor or hospital for the disabled of their child. Wrongful pregnancy is the parent becoming pregnant or had a child without planning or wanting it, this happens when the pregnancy is not detected or failed procedures and the child is damaging the mother. Wrongful breech is a warranty that the mother or child can sue the doctor because of a bad embryo was used during an in vitro

The “Baby vs. Mom” case was about Angela Carter, who suffered a bad childhood. When she was 13 years old, she was diagnosed with bone cancer. From cancer, she went through multiple surgeries and received a bunch of different treatments. When she was 27 years old, she was pregnant while in a 3 year remission period for the bone cancer. When she went to a routine check up, the physician discovered a tumor in her lungs and was admitted to George Washington Hospital. Even against Angela and her family’s, and the physician’s opposition, the hospital decided to try to save the child. During the court case against the hospital, the physician stated that “despite the feet that the fetus was only twenty-six weeks old, there was a fifty to sixty

(Baltimore, Maryland) Six children out of every 1,000 are injured at the time of birth, and male babies are more at risk of being injured in this manner. These birth injuries range from the mild, such as minor bruising, to severe, like cerebral palsy. Other forms of birth injury include facial paralysis, spinal cord damage and Erb's palsy. Whenever a child is injured at the time of birth, the family may be looking at a lifetime of specialized care to provide the child with the highest quality of life possible. Wais, Vogelstein, Forman & Offutt (http://birthinjurymedicalmalpractice.com) works with families routinely to ensure they obtain the compensation needed to seek this care.

The Journal of the American Association on Intellectual and Developmental Disability compared the attitudes of parents of children with Down syndrome in 1970 to those parents today. Forty percent of parent’s today report they have been confronted with accusations that their child could have been avoided (Shiver 10). Although policies over the past thirty years have become supportive of people with Down syndrome, parents frequently receive the message from society that they have chosen wrongly to deliver a child with Down syndrome. Parents do not want to live through guilt or discrimination of society. Therefore, most parents choose to abort their child, if the NIPT is positive. If there were not prenatal testing, there would be no way to determine if the child has Down syndrome before birth and parents would not be questioned why they chose for their child to experience life. In comparison, in Race: A History beyond Black and White, Aronson states, “Physical differences matter. The color of our skin, the curl of our hair, the size of our nose or lips-these are important. How we look is not just a personal matter; it identifies of a larger group” (Aronson 3). Physical differences matter, because those with Down syndrome often portray a small nose, a small mouth, upward eye slant, and flat back of the head. In society, those without the disease are prejudiced against people with Down syndrome, even though they are capable of big accomplishments. “We, those like us, those we find beautiful, are superior. You, those unlike us, those we find alien, are inferior. And yet the idea itself is so powerful because it confirms our ancient sense that those who look different are aliens and enemies” (Aronson 127). A binary has been created in society, that those with Down syndrome are less since they have distinct characteristics. Society negatively influenced parents of those with Down syndrome,

Down Syndrome (otherwise called Trisomy 21) is the most widely recognized hereditary issues that causes a long lasting scholarly disability, formative postponements and different issues. Down Syndrome influences individuals of any age, races, and financial levels. It is a standout amongst the most as often as possible happening chromosomal variations from the norm, happening once in each 800 to 1000 live births. More than 350, 000 individuals in the United States alone have Down Syndrome. My objective for this paper is to discuss the three unique sorts of Down Syndrome and to discuss the contrasts between them.

Some of these lawsuits are pretty bad that it forces some to stop their practices or simply move to another state to continue with their work. About 12% of Ob-GYNs have actually been found to leave this to become salaried employees which is quite sad. What is clear though is that as the number decreases, patients in need of their attention end up suffering more. To avoid these matters from reaching such extreme points, OB-GYNs should just follow the above steps to help them stay on the right side of the

The article above clearly highlight some of the most notable factors that persons want to registering pregnancy negligence claims must remember.

There are many vulnerable populations in the United States that have specific needs to enhance their lives. One of the populations that are in need is children with Down’s syndrome. According to E Medicine Health (2016) in 1866 Doctor John Langdon Down became the first to describe Down’s syndrome as a Disorder. However, he misunderstood the cause of Down’s syndrome. The cause of Down’s syndrome was discovered in 1959. The cause of Down’s syndrome is abnormality in chromosome 21 first occur in a person before they are born. There are statistics about Down’s syndrome in the United States that is pertaining to health issues and the amount of children that is born with it. Children with Down’s syndrome need resources or services provided to them

In an action for unwanted pregnancy in Udale v Bloomsbury Area Health Authority there was an award for pain and suffering along with loss of earnings following a negligently performed operation. However an award for the economic costs of bringing up a child was rejected. In his judgment Jupp J felt that the joy and love of a child should be set against economic loss. There was a different view in Emeh v Kensington and Chelsea and Westminster Area Health Authority where the Court of Appeal awarded damages which included the cost of rearing a child. The court rejected the policy objections cited in Udale.

Until very recently children with Down syndrome had a very short life expectancy. More than half of these children died within their first year. Other Down syndrome babies were institutionalized soon after birth. Today most of these children can now be raised by their natural families, and many can lead adult lives that are satisfying and productive due to advances in medical treatment that have increased the life expectancy and improved the quality of life of those with Down syndrome. Today doctors are able to surgically repair heart and gastrointestinal defects, control infections with

Before the 1970's Down syndrome wasn't diagnosed until birth or even later, but due to such early diagnosing and screening this has posed a major dilemma for families and physicians. It allows parents to decide whether or not the pregnancy should be terminated (exceptional child book p176).

Down syndrome is a common disorder where the child gets an extra copy of the 21st chromosome. It happens in every 691 babies born in the United States. This adds up to about 6,000 babies born with the disorder a year. The major points in this paper are: when the disorder was discovered, the symptoms, the lifespan, the medical treatments, if it is a dominant trait, what chromosome is affected, and how it is passed down to offspring.