Re: GEN: Wrongful Life Metastasizes

From: DoctorJoe@aol.com
Tue Jul 29 10:48:55 2003


In a message dated 7/29/03 10:35:42, Malcolm.Griffiths@ldh-tr.anglox.nhs.uk writes:

> The fact that this wasn’t a failed tubal but was a failure to carry out
> bilateral tubal is interesting but in terms of setting a precedent for the
> nature and level of damages in failed tubals where failure arises through
> negligence is generic.
>

RIght. The REALLY interesting thing in the case was reading the judge's summary of how the rest of the world did it. I'm particularly fond of the idea that nobody owes you "damages" for the birth of a healthy child, per se (they may have to pay for your delivery, but NOT for "the child" itself, i.e. raising it - no court can adequately assess the "pain and suffering" of having a child versus the "blessings" of having a child - besides, you COULD give it up for adoption, right?).

However, the courts elsewhere are interesting in that they distinguish whether the tubal was for economic reasons (can't afford more kids) or for health reasons (maternal age, etc.). I hadn't heard that line before. So I learned something from the case, but I don't obviously agree with all the learned judges.

Joe P.





use when must restrict search to only the ob-gyn-l forum...
Enter search keywords:
Returns per screen: Require all keywords:

Return to  OB-GYN-L Mail a New Message to the Forum: ob-gyn-l@obgyn.net
Forum Administrator: geffrey.klein@obgyn.net
Report Technical Problems: webmaster@obgyn.net
Last Updated: Thu Oct 2 04:44:43 2008

The American Medical Association is no longer designating CME hours for AMA Category II CME credit. However, physicians themselves may self designate learning activities as Category II CME credit hours if they feel it is of sufficient educational merit and meets the formal definitions of continuing medical education. OBGYN.net believes these interaction in this forum meets these criteria. For further information see the AMA web site.