^^^Ha! Beat you to it!
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MysticCat - The print version of this article was either more thorough, or I couldn't get the entire online version to come up - not sure which, but in the print version, the parents did say, they would have terminated the pregnancy if they had known. I have ethical issues with that since I am, like ThetaPrincess24, pro-life, but since she is alive and well, and the lab apparently did make a mistake, I do understand that regardless of my personal feelings on it, it is legal and in this case because of a lab screw up they didn't have the information they needed to make a decision and now her medical costs need to be covered - so I'm a little torn on how this should have been resolved.
I have a legal question for you - In medical malpractice I have assumed the law normally differentiates between understandable mistakes - i.e. the idea that no doctor, nurse or lab is going to be 100% correct, sloppy mistakes that should not be made, and reprehensible mistakes where it was obvious something bad would happen (i.e. doctor operating while intoxicated)- a negligent homicide situation. In this case it seems like this lawsuit was the first situation - the lab isn't going to be 100% correct all the time. Because of that it's hard for me to see how they won this suit other than the jury felt sorry for their situation (which I would as well, but we aren't supposed to make legal decisions that way). Am I missing a legal point here or misunderstanding the situation in some way?
I don't think this case takes away from your point that these suits aren't usually filed or won. We're a flukey state - we still don't let people pump their own gas - so winning here would mean nothing in 49 other states.
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