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03-07-2007, 04:13 PM
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Wrongful life!
Quote:
Originally Posted by DSTCHAOS
The lawsuit makes sense to me.
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It makes sense to me, too, although I wonder if the doctors will allege that she failed to mitigate damages by giving the kid up for adoption.
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03-07-2007, 04:28 PM
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Wow. Just wow.
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03-07-2007, 05:36 PM
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She is entitled to a refund for the abortion.
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03-07-2007, 06:41 PM
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Quote:
Originally Posted by laylo
She is entitled to a refund for the abortion.
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What if instead of a botched abortion, this was a case where the doctor, say, amputated the wrong leg during surgery. Would the patient be entitled only to a refund of the cost of the surgery, or would there be additional damages based on the loss of the leg?
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A hiney bird is a bird that flies in perfectly executed, concentric circles until it eventually flies up its own behind and poof! disappears forever....
-Ken Harrelson
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03-07-2007, 06:43 PM
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Quote:
Originally Posted by valkyrie
What if instead of a botched abortion, this was a case where the doctor, say, amputated the wrong leg during surgery. Would the patient be entitled only to a refund of the cost of the surgery, or would there be additional damages based on the loss of the leg?
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That has happened before.
I believe the person won a ton of money because he still had to get the correct leg amputated. He's now a parapalegic(sp).
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03-07-2007, 07:01 PM
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Shaheen v. Knight comes to mind.
On another note, this lawsuit really disgusts me.
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03-07-2007, 07:54 PM
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Quote:
Originally Posted by valkyrie
What if instead of a botched abortion, this was a case where the doctor, say, amputated the wrong leg during surgery. Would the patient be entitled only to a refund of the cost of the surgery, or would there be additional damages based on the loss of the leg?
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I don't see how that's analogous to this case. The woman got herself pregnant, a "mistake" she made herself and wanted "fixed", in her eyes. The doctors failed to fix it for her. They didn't cause her any damage. Just as she was free to choose to abort, after the child was born she was free to choose placing the child with one of hundreds of families on waiting lists to adopt. Instead, she chose to raise her. Now she wants those who failed to fix her problem to be responsible for its existence and entire future? (For the record, I don't personally consider children to be problems).
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03-07-2007, 08:41 PM
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Quote:
Originally Posted by laylo
The doctors failed to fix it for her.
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Hence, why the lawsuit makes sense and why valkyrie's analogy loosely applies.
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03-07-2007, 10:20 PM
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Quote:
Originally Posted by DSTCHAOS
Hence, why the lawsuit makes sense and why valkyrie's analogy loosely applies.
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I disagree. Her analogy was about creating an additional problem. Furthermore I don't buy the comparison of gangrene or any other unfortunate condition to pregnancy, something a middle-aged American woman has had the means and knowledge to prevent for most of her life.
If she were suing for prenatal care and delivery costs, that'd be one thing. Maybe emotional distress. But in general you don't get compensated for the choices you make in life.
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03-07-2007, 08:46 PM
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Quote:
Originally Posted by valkyrie
What if instead of a botched abortion, this was a case where the doctor, say, amputated the wrong leg during surgery. Would the patient be entitled only to a refund of the cost of the surgery, or would there be additional damages based on the loss of the leg?
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Dude, you sound like my torts professor.
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03-07-2007, 08:59 PM
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I feel a little better about this now that I think about it. She is going to be suing an abortion doctor, after all. I really could care less what happens to him/her in this. Its too bad any judgment will be paid via malpractice insurance.
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03-07-2007, 09:13 PM
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Wouldn't a more appropriate analogy be a doctor surgically attaching an extra leg, as opposed to the amputation comparison? Instead of missing something that she can't replace, she gained something that she's elected to keep.
If she were suing for damages related to pain and suffering in terms of the pregnancy and birth, I could sort of see it. But no one is making her keep the kid that she intended to abort. To me that seem like an elected decision very unlike the amputation example.
It's just so weird: how could she and doctors that she visited not know she was 20 weeks pregnant?
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03-07-2007, 11:36 PM
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Quote:
Originally Posted by KSigkid
Dude, you sound like my torts professor.
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HAHA that is the best thing anybody has ever said to me!
I know my analogy isn't exactly the same thing, but it's a bummer that people on this thread can't get past the emotional "OMG A BABY ISN'T A BAD THING" because for some people, it is and for some people, having an unwanted baby probably sucks just as much as having a leg amputated by accident (having never had a baby or an amputation, I can't speak from experience, but I'd be pretty upset to have either). In both cases, a doctor made a mistake and someone suffered unwanted consequences as a result. Why shouldn't some of the costs be transferred to the doctors? (I avoided the word "responsible" because my torts professor totally yelled at anybody who ever used that word.)
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A hiney bird is a bird that flies in perfectly executed, concentric circles until it eventually flies up its own behind and poof! disappears forever....
-Ken Harrelson
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03-08-2007, 12:13 AM
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I can look at it both ways. As a law student it seems like she should have a claim. As a human being I feel entirely different.
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03-08-2007, 02:19 AM
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Quote:
Originally Posted by valkyrie
I know my analogy isn't exactly the same thing, but it's a bummer that people on this thread can't get past the emotional "OMG A BABY ISN'T A BAD THING" because for some people, it is and for some people, having an unwanted baby probably sucks just as much as having a leg amputated by accident
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Who said this?
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