Suing doctor for getting pregnant: could you do it?

[hoosierdoc]

Mom Sues for Wrongful Pregnancy After Failed Sterilization - ABC News

Woman wanted to have her left tube tied because she only has a left ovary. Supposedly doctor ligated the wrong tube and she got pregnant. The child has sickle cell disease. Mom is suing the doctor for the cost of raising her child.

yes, the procedure was probably done incorrectly. I'm not talking about the malpractice side of things, I'm wondering if you could explain to your child you are suing someone for letting him exist.

 

[HoughMade]

I've defended a couple of those. I don't understand why this is news. It's not remotely rare.

The damages issue? Yep, it's a debate, but pretty well settled law in Indiana. Basically, she would be allowed to recover the extraordinary costs of raising a handi-capped child to majority and extraordinary costs of medical care, but not the costs of raising a healthy child. So you have economic experts estimate the cost or raising a healthy child and that or raising a child with these challenges, and recovery can be had for the difference, assuming she can prove her case.

Me? I wouldn't have it in me to call a child a "damage", nor would I ever terminate a pregnancy, regardless of the predicted disability. With 3 of our 4 kids, we refused all testing that would not reveal treatable (in utero) "defects" because if it's not treatable, we had no reason to find out.

 

[hornadylnl]

If I took my car to a mechanic to have a bad right front wheel bearing changed, they changed the left front and I had a horrific accident 2 miles from the shop due to a failed right front wheel bearing, would the mechanic be responsible?

 

[DragonGunner]

So are you asking if it is better to have the kid murdered (abortion) so you wouldn't have to explain? That wouldn't be a option for me.

 

[hoosierdoc]

I'm asking if you could sit there and argue that you didn't want your child and ask for someone else to pay to raise it. I'm also not saying the doctor shouldn't be responsible if it was truly done improperly. I'm asking if you could go to court and argue that you didn't want your child and you shouldn't sustain financial impact from having another child in the home.

Sickle cell disease being labeled a handicap would be quite a stretch under most circumstances. She's 44 and "tired" from "chasing" her special needs child. That I just don't follow.

 

[BehindBlueI's]

Does everyone here think they were the result of a planned pregnancy?

 

[hornadylnl]

Does everyone here think they were the result of a planned pregnancy?

My daughter was conceived the first month we tried.

 

[Bunnykid68]

Hell yeah I would sue, how the hell did I get pregnant by going to the doctor?

 

[HoughMade]

Does everyone here think they were the result of a planned pregnancy?

I've got 2 surprises (50% of the total), both my boys...and I couldn't be more pleased.

 

[Dirtebiker]

Me? I wouldn't have it in me to call a child a "damage", .

Remember what the President , talking about his daughters, said "I wouldn't want them PUNISHED with a baby"?

 

[mrjarrell]

She didn't want a child and paid for the services to insure she would not fall pregnant. The incompetent boob of a doctor failed to provide the services that were paid for and she got pregnant with a child that had a deadly disease. Hope she sticks it to him.

 

[Trigger Time]

She didn't want a child and paid for the services to insure she would not fall pregnant. The incompetent boob of a doctor failed to provide the services that were paid for and she got pregnant with a child that had a deadly disease. Hope she sticks it to him.

This sums up my feelings.

 

[Cameramonkey]

So the first question I have... Why not tie BOTH tubes? Sh** happens. Its not like its all THAT time consuming? (the act of cutting and cauterizing) After all, as I recall, the dangerous part is opening you up. I dont see how taking the time to tie the second tube "just in case" while he is already in there is such a bad idea.

Apparently the doc doesnt watch horror movies. If he did he would know what happens to those that dont go the extra mile to make sure the deed is done, and done GOOD.

Hell, when I get snipped, I want the doc to take ALL the tubes out... not just snip and tie them off. I dont want the ends to even be able to REACH each other in that off chance they wander back together and try to heal themselves...

 

[CitiusFortius]

The takeaway? After my second is born, I'm getting snipped and the wifes gettin tied!

 

[hoosierdoc]

She didn't want a child and paid for the services to insure she would not fall pregnant. The incompetent boob of a doctor failed to provide the services that were paid for and she got pregnant with a child that had a deadly disease. Hope she sticks it to him.

well, keep in mind the patient lays on their back for the procedure, and depending on where they're standing the patient's right could be the doctor's left...

 

[AA&E]

Does everyone here think they were the result of a planned pregnancy?

Maybe we are in the minority, but my wife and I's two children were 100% planned.

 

[churchmouse]

That is a tough one from my prospective. Hard for me to judge how others would see this as I am not in their situation.
As to new life, cherish it. I doubt I could sue beyond the malpractice side of this. Having payed to raise a child that was blamed on me only to find out when the child was 22 years old it was not mine I have some very mixed emotions about this. I never considered getting a refund.
If you do the work and the work is not done correctly you are responsible for it. How far that responsibility goes......

 

[Mr Evilwrench]

I couldn't see myself suing over something like this, but I'm one of those old-fashioned not-suing-people kinda guys generally. My son's pretty obviously mine, but even if he wasn't, he'd still be mine. Isn't this what insurance is for, anyway?

 

[mrjarrell]

well, keep in mind the patient lays on their back for the procedure, and depending on where they're standing the patient's right could be the doctor's left...

You're really going there? Is this where we have to have patients draw on themselves with a sharpy to mark where the incompetents are supposed to cut? If a doctor is that stupid he should be off flipping burgers not practicing medicine.

 

[hoosierdoc]

You're really going there? Is this where we have to have patients draw on themselves with a sharpy to mark where the incompetents are supposed to cut? If a doctor is that stupid he should be off flipping burgers not practicing medicine.

Purple dude, relax. Mistakes happen. Police hit the wrong house, accountants add wrong, space shuttles blow up, doctors cut the wrong thing. Maybe not in your life, but the rest of us make mistakes from time to time. If you play in the big boy sandbox your mistakes have serious consequences, but to claim someone is "incompetent and stupid" because of a single error is laughable.

what error-proof career path are you following? The people that throw doctors unde the bus for a single mistake are going to quickly find themselves without a doctor to see. We all make mistakes. Unfortunately our mistakes sometimes hurt people. In this case, a child exists which I pray would be the worst outcome of any of my errors.