Comments on: "Wrongful Birth" Lawsuit Nets $21M

Florida Couple Wins Claim Against Doctor Over Misdiagnosis Of Birth Defect In Second Child

[klingon69]

Can't you read? They can only collect $200K, which certainly would not support a severely disabled child, thanks to the Jeb Bush and Republiscum limit on medical malpractice damages.


Posted by gkc99 at 12:19 PM : Jul 24, 2007
The limit is not on medical malpractice, it is against Govt agencies since the doctor works for the University.

[tropikbreze]

I doubt the lawyers approached the parents... like I wrote previous, shame on the parents for not going the extra mile for the welfare of the first child and obtaining all the information they could and not consulting additional specialists. I would not stop until I had at least 3 confirming reports. That's what a real parent would do for the child they love and care for- perfect or not. P.S. I work for a multi-specialty physician group and nothing is an exact science just like Susanhelit stated.

[susanhelit]

Running tests for every possible disease (there are what - millions of them?) simply isn't possible. You go off of the symptoms (as well as parents and a nonverbal child can tell you), test for everything that seems likely, and give those results. I can guarentee you one thing - this doctor did not guarentee them a healthy child - no doctor could.

The jury ruled on emotion and sympathy, not reality and real malpractice. This is why doctors go out of business - they can do everything right, and still lose a malpractice suit. Sure, insurance pays - but that makes insurance go up to the point where you can't pay it anymore.

[susanhelit]

The parents had some tough luck - but medicine is not an exact science - I see that the doctor was wrong - but that doesn't even necessarily mean he made an error. Lots of diseases look alike, it's just plain very hard to tell. Sometimes it just really is no one's fault, there's no one to sue, no one to blame, it just happened.

[sandzz-2009]

Conscious,
The parents in this case did take responsibility for their actions. They went to see an expert to get screened. The so called expert told them that everything was fine. They did what most people would not even think about. So, how is that the parents are irresponsible?

On the issue of greedy lawyers, FYI, complete medical care is not exactly cheap. You might want to look up how much constant care runs up a family. Most families have to make a choice of where they either have to sell the house to cover the medical bills or to stop their child's medical care. Consequently the child has a greater chance of death. Man, those greedy lawyers. Maybe the medical profession is a bit greedy for putting families in such situations where they simply have to sue to cover the bills and keep whatever little belongings they have left. That ever occur to you?

[nothappyatall]

Can we have a retroactive abortion in this case and be done with it?

Amazing how they think they can sue over this, and it shows whats wrong with the medical system.


Prayers don't work
www.evilbible.com

[consciousnes]

I think the lawyer is counting his money. If they had one child with a defect, there was a good possibility that the next would have a defect.
Parents have to take some responsibility for having ***, or at least restricting it to the right time periods. Everybody knows what happens when they do and if they happen to be defective enough to have a defective child then they should take the responsibility, not pay a lawyer two and a half million dollars to get money out of an insurance company so everybody's insurance rates and doctor bills go higher.

[tropikbreze]

The younger child is 2- I think the internet has been around for a lot more than two years. If I had a child with a medical problem (ie: their first child), I would have been doing all the research I could to understand the ailment and find all I could to make my child's life better. Not only would I have used the internet, I also would have obtained all the infomation I could from specialists. Had the parents done the above mentioned, I am sure they would have known that other chidren would be at risk. Shame on the parents. Also, malpractive insurance premiums have risen above comprehensable amounts. Family physicans in my area have given up their practices or moved because they were not making enough to cover the premiums.

[gkc99]

"Sure there should be help with the care of the children; but if a severely diseased child is worth $21 million, how much is a healthy child worth? "

Can't you read? They can only collect $200K, which certainly would not support a severely disabled child, thanks to the Jeb Bush and Republiscum limit on medical malpractice damages.

[agnim]

More example of an in-justice system run amok in this delusional age in which doctors are expected to be infallible.

Sure there should be help with the care of the children; but if a severely diseased child is worth $21 million, how much is a healthy child worth? LOL

[wings14fn]

In this case, I say they have the right to sue. They were misled when the doctor said their subsequent children would be normal. This obviously wasn't the case. Now they have two severely disabled children and will need money for their upkeep.

[jbbuzbee]

Response to Brucestevens:

This seems far from "lawsuit happy greed". No one is saying that doctors must be perfect, but when they make a mistake (given the consequences) they must be held responsible. Thats why they make the big bucks. Thats why they have malpractice insurance (oddly, no one ever mentions that attorneys are constantly sued for malpractice...do you make this argument for them?). This didn't seem to be a case of the parents expecting perfection...it seemed to be a simple case of not performing the proper test.

As for the person stating that they should "give the boy up to someone else"...thats just stupid. It is ridiculous to expect someone to take a child with severe disabilities simply from a financial standpoint...not to mention the many other more important reasons.

[antoniof123]

I say let the right wing nuts pay for them. They want to stop aborations so they should pay for the care instead of us who say if you don't believe in aborations don't have one.

But the right wing nuts wants us to pay because they can't.

[remmeler]

Give the boy up to someone else please.
Posted by perimogi

Hey Perimogi, good idea, why don't you contact them and offer to take them off their hands. I hope you have a lot of money to support their lifetime care.

These are children that won't get adopted very easily, I glad you are offering.

[Syndicate]

Smith-Lemli-Opitz Syndrome (SLOS) is a genetic disorder that affects the development of children both before and after birth. The syndrome was first described in 1964 in three boys with poor growth, developmental delays, and a common pattern of congenital malformations including cleft palate, genital malformations, and polydactyly (extra fingers and toes). Although the name "RSH syndrome" (after the first initials of the first three patients) was first used for the disorder, the syndrome is now better known by the names of the three geneticists who first described it, Smith, Lemli, and Opitz. Although SLO/RSH Syndrome has always been known as a genetic disorder, the cause was not known for the first 30 years after its description. In 1993 scientists discovered that children with SLO/RSH Syndrome are unable to make cholesterol, an essential nutrient that is not provided by the mother to the baby before birth. Because the body also makes most of its own cholesterol after birth, children with SLO/RSH Syndrome continue to have trouble with development and general health after birth. The discovery of abnormal cholesterol metabolism in SLO/RSH Syndrome has made possible not only a laboratory test for more precise diagnosis of SLO/RSH Syndrome, but also provided a rationale for treatment of affected children. Given the advances of medical treatment, often the children can now live to adulthood.


from SmithLemliOpitz.org

[dbstevens]

I'm sick and tired of all these ridiculous lawsuits. Sure, some are warranted, even some againts grossly negligent doctors. But diagnosis is NOT a perfect science, and doctors are human, which means they are not perfect either. So many of these lawsuits imply that they expect perfection from humans. That's stupid.

I am getting very, very sick of Americans and their lawsuit-happy greed. They're one of the main reasons our judicial system has decayed into chaos and idiocy.

I DO feel sorry for this child, and for his parents' situation. But this lawsuit is absurd.

[perimogi]

"I believe that this case is so powerful and this tragedy was so preventable and is so poignant, that it is the kind of case that should rise above the fray and rise above party politics," Searcy said.

What a horrible statement that Caleb will live with forever, from his parents point of view, he is a preventable tragedy. Give the boy up to someone else please.

[zoltaric]

These people are sick. Why don't they sue God. Unbeleivable stupidity in this world. Good thing I wasnt on the jury.

[elukacek]

BIRTH DEFECTS or not most people would do anything to have the love of a lifetime from the joy of a child. Not all tests are 100% accurate to begin with some tests can cause trama to a fetus and some may be contaminated and say their is an issue and then you will never know what could have been. Its a scary risk everyone takes, and i wish this family the best of luck and i'm happy they won a reasonable settlement and i cant imagin taking care of two children with dissabilities is easy but god give you what he believes is right for you!