A wrongful birth suit in the UK:

Stacy Dow, 21, of Perth, launched her claim against Tayside University Hospitals NHS Trust for “the financial burden” of raising her daughter, Jayde, whom she had when she was 16.

Her lawyers argue that, as a result of the failed termination, she suffered loss, injury and damage and “an impediment in her ability to obtain employment in consequence of her care for the child”.

The hospital is contesting the case at Perth Sheriff Court, arguing that Miss Dow was given no guarantees that the termination would succeed.

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  • Anonymous

    Note that the hospital was sued and not the ob; this is the advantage of a nationalized system or working for the government, then the taxpayers take it in the a**, so they are really screwing themselves; in the US we have a roundabout way of screwing the taxpayers with defensive medicine.

  • Gasman

    In most tort situations the plaintif is required to take some reasonable mitigating actions.

    For example, if your neighbor’s tree falls into your house, you are required to stabilize the situation by, for example, placing a tarp over the hole the night before it rains so that the damage is not compounded.

    In this instance, the plaintiff needs to accept that she did not take reasonable steps to mitigate the damage, such as seeking a second abortion if such was still available, or putting the child up for adoption. Harsh as these may seem, when one tries to solve problems by breach of implied contract (i.e. the first abortion would completely terminate all preganancy) subsequent actions, especially those that the plaintiff wishes to seek cash for, must be done in the cold hard light of contract law, not a separate tug-of-the-heartstrings standard not supported by the law.

  • Anonymous

    In our system the taxpayers get screwed if the defendant’s insurer is not held liable when there is malpractice. The person, now likely uninsurable, ends up on the government teat.

    Good to see the old “tug the heartstrings” claim come up again. If only it had a basis in fact. How do physicians win so often in front of a jury, and why do their lawyers always ask for a jury trial?

    CJD

  • Anonymous

    The alternative is a bench (judge) trial. Only in the federal system is a jury trial mandatory.

  • Anonymous

    The other alternative is to “settle”, which is how lawyers make alot of their money and has become a major tax on corporate America which effects everbody’s retirement and healthcare benefits.

  • Anonymous

    WTF are you talking about? No one has to settle anything.

  • Anonymous

    Words cannot express how disgusted this story makes me. This girl could have given her child for adoption if it was so unwanted and such a burden. She made the choice to keep her (at birth I mean).

    This is as ridiculous as a couple suing a condom manufacturer for the costs of raising an unwanted child (including loss of employment??? btw what a slap in the face to working single moms out there!) because a condom broke.

    Doing the math it looks like grandma was a teenager herself when she got pregnant with mom.

    What an abject, deplorable lack of acceptance for personal responsibility. If she was in the US I bet she’d be on medicaid and welfare too.

  • Anonymous

    btw what a slap in the face to working single moms out there!
    Add to it childless and infertile women! So many would’ve loved to adopt her child.

  • Anonymous

    “good to see the old government teat rationale from cjd…as if no one is on the government dole except for in cases of malpractice…”

    Who said that wasn’t the case?

    “is it better to have patients sucking on doctors’ and insurers’ teats?”

    Isn’t that why you buy insurance? To pay for harm you cause? Isn’t that why insurers exist? To make money on risk?

    Or are you advocating a larger social welfare system where you don’t have any consequences for your mistakes?

    CJD

  • Anonymous

    “Isn’t that why you buy insurance? To pay for harm you cause?”

    No, i buy it to protect myself from shotgun lawsuits where every doctor whose name in the chart is named in the lawsuit, I don’t want to pay for lawyers to defend myself against this nuisance…I don’t cause harm, i help people unlike you…

  • Anonymous

    I’m sure your victims agree.

  • Anonymous

    His victims? I didn’t hear him mention he was a sodomite? Is he an MD-JD?

  • Anonymous

    I think he’s just another anonymouse physician who got in it solely for the money and is now figuring out you actually have to work and people expect some actual results.

    That’s probably why he wants out so bad.

  • Anonymous

    What results? We can do whatever we want to you people, order unnecessary tests, antibiotics, there is no oversight! That’s the beauty of being a doctor, we can do whatever we want to you!

  • Anonymous

    Anon Doc.,You get more freakier by the day. Are you sadistic, is that why you went into medicine so you could do “whatever you want” to people and cover your sadistic acts by calling it medicine?

    Those remarks were intended for you only, they do not apply to other physicians. Also, stop telling us that ALL physicians believe the same as you do.

  • Anonymous

    I’m the doc who says all docs think the same as me. I’m not as jaded as anon 448 pm, though I’m jaded enough. There’s more then one jaded doc visiting this site, though it makes alot of you feel better to lump us together, like blacks in a prison.

  • Anonymous

    You guys are pathetic! You are the absolute scum of your profession.

  • Anonymous

    Scum? Actually if you want to resort to name-calling, we’re amoebas. For every action (lawsuits) there’s a reaction (Defense!!)

  • Anonymous

    Why do you consistently get confused as too the order of things.

    You just called us (all patients) “animals” and “ingrates”. Then you imply that I was the one who “resorted to name calling.”

  • Anonymous

    “Then I learned that you people don’t deserve care and deserve to be treated like the animals that you are…so now I go along with all the other docs (your docs included) and order unnecessary tests and referrals by rote for whatever symptom comes through the door; you ingrates deserve no less.”

    What’s it like to go through life as a sniveling coward, afraid of your own shadow and so insecure about your skills in your chosen profession?

  • SarahW

    Is Boston really that much of a Hellhole?

  • diora

    Then I learned that you people don’t deserve care and deserve to be treated like the animals that you are…
    I am just ever so curious… Is your world divided into those with a medical degree and those without it with all those without it being animals/ingrates and those with it being unable to do any wrong? With the only exception being your family and your friends.

    So what happens when your patient is a doctor? Is this reversal of a position somehow transforms a doctor into an animal? Or do you feel that doctors as a group are less litigious then the rest of the population? Because of course doctors never sue other doctors and never lie under oath when they testify against each other.

  • Anonymous

    It is obvious that these Physicians believe themselves, family, and friends to be the only real people in the world. Everyone else is just here to make their life miserable. We exist only so that they can have fun putting us down and referring to us as “animals and ingrates”…

    These Docs. (some of them) are the most miserable bunch of people I’ve ever come across. I’ve lived alot of years and came across many people. Never have I seen such disregard of human life as what these Physicians portray of themselves.

    There are bad cops, lawyers, accountants, nurses, sewer cleaners and we now know that there are plenty of bad Docs. as well.

    These guys don’t represent the medical profession. they are among the small percentage of what is so wrong with the medical profession.

  • Anonymous

    Geez you guys, stop giving this guy so much attention. Don’t you think its exactly what he/they want? Clearly they are not here for rational debate or discussion, so I doubt that anything you could possibly say would even matter… but I bet he/they get a rise out of it. By letting these stupid posts, which are in no way reflective of real physician’s opinions, you’re just playing into their game. I’m guessing some or all of them aren’t even doctors at all.

    If the trolls were ignored and didn’t get such a predictable rise out of everyone, they’d probably just go away. Wise up.

  • Anonymous

    I thought this bad guy/doc, who you judge as the worst doc in the world, based on what he writes to let off steam, is from Great Britain? Now you write he’s from Boston? Make up your mind! Or maybe there’s a bunch of burnt out, jaded docs here who vent online?

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