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 Post subject: Re:
PostPosted: Wed Sep 14, 2011 10:14 am 
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Corolinth wrote:
OMG abortion! Everyone grab your torches and pitchforks!


That's not really the issue. the issue is whether it's appropriate for someone to sue over not knowing their child was going to be born deformed.

The answer to that really depends on whether the lack of information was due to some negligence on the part of someone. Medicine is not an exact science. If the ultrasound pictures they saw were not all that clear, there's no negligience at work. If, however, any technician or doctor with half a brain could have looked at the ultrasound and said "yeah, that's not right, something is wrong" and these guys said nothing, then the suit is absolutely valid.

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PostPosted: Wed Sep 14, 2011 10:22 am 
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It really doesn't have to be.

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PostPosted: Wed Sep 14, 2011 10:26 am 
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While I don't remember exactly how many sonograms were done on my children, I think there were around three apiece. During each of the ultrasounds (which I was required by my wife to be present for) I recall the technician taking measurements of just about everything, including arms and legs. Now I'm given to understand that my wife's OB/GYN is one of the top practitioners in the area. I would guess she also sets a fairly high bar for all of her technicians. So perhaps my experience is shaded to the upper end. However, I remember looking for and counting limbs on my children. Call me crazy. It's not like the sonograms are secret. The mother, at least, is RIGHT THERE.

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PostPosted: Wed Sep 14, 2011 10:38 am 
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During a roughly two-week-long trial that ended Wednesday, Mejia and Santana claimed they would have never have brought Bryan into the world had they known about his horrific disabilities.


Isn't that sweet? Maybe they can have that crocheted and put it over the bassinet.

Should be fun to read for him when he's old enough and they've already blown all the money.

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PostPosted: Wed Sep 14, 2011 10:41 am 
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OMFG.

Ok, that's all I have for now. Every once in a while there's a story that, while certainly interesting, I just don't want to touch. This qualifies.


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PostPosted: Wed Sep 14, 2011 10:50 am 
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Arathain Kelvar wrote:
OMFG.

Ok, that's all I have for now. Every once in a while there's a story that, while certainly interesting, I just don't want to touch. This qualifies.



Reminds me of the episode of southpark dealing with Stem Cells, with Christopher Reeves devouring Fetuses for power, and the boys just walking past going "No dude, we are staying out of this one"

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PostPosted: Wed Sep 14, 2011 10:53 am 
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Anyone else ready for tort reform now?

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PostPosted: Wed Sep 14, 2011 10:59 am 
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Talya wrote:
The answer to that really depends on whether the lack of information was due to some negligence on the part of someone. Medicine is not an exact science. If the ultrasound pictures they saw were not all that clear, there's no negligience at work. If, however, any technician or doctor with half a brain could have looked at the ultrasound and said "yeah, that's not right, something is wrong" and these guys said nothing, then the suit is absolutely valid.

Basically this with respect to whether or not the case is legally valid. If you hire a doctor home inspector to check a fetus house before you carry it to term buy it, and he performs his duties negligently, you can legitimately sue if you incur a bunch of unanticipated costs due to reasonable reliance on his negligent performance.

Now, that's just the legal side of things. Morally/personally, I think it's all kinds of **** to sue a doctor because you missed your chance to abort your kid.


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PostPosted: Wed Sep 14, 2011 11:06 am 
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Müs wrote:
Hopwin wrote:
Müs wrote:
It'll be appealed. Not the doctor's fault.

Ridiculous verdict.

Hopefully the appeals court reverses the decision and strips custody from the parents.


Meh. I don't give a **** about custody. They have to deal with their child on their own. They had it, noone forced them to ****.

The 4.5M award needs to be reversed. Its a pity verdict, plain and simple. "Oh, give the poor hispanic people a bunch of money. They were clearly hard done by the evil affluent doctor."


Maybe it is just me but the suit contends that this child creates an undue burden on the parents that could have been avoided with timely medical advice. So the compassionate end results that I see could be:

1) Award them $4.5M for undue burden that the life care of the child will require
2) Take the kid away and give it to someone who will not view it as a burden
3) Tell the parents too bad, deal with your unwanted burden

Since the parents clearly indicated this is a burden they do not want anyways and would have avoided through abortion, it seems to me the best outcome is 2). Maybe there is middle ground in there somewhere.

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PostPosted: Wed Sep 14, 2011 11:10 am 
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The worst part is the child can't grow up to use a shotgun on their parents.

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PostPosted: Wed Sep 14, 2011 12:04 pm 
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I say hire a sleaze lawyer to go through their lives with a fine tooth comb. If they want to **** the public, the public should get the chance to return it.

Oh used this cleaner while pregnant? Fueled up your car and didn't wash your hands? Use every warning mandated by California and show how these people are as culpable as any doctor.

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PostPosted: Wed Sep 14, 2011 12:14 pm 
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I'm kind of curious if you guys are just focusing on the abortion part or the actual malpractice part.

Let's say, for example, that due to the doctor's negligence, an ultrasound failed to detect an abnormality that can be fixed in utero and as a result the child is born deformed instead of healthy. Would you be opposed to the parents getting $4.5 million for that? There is not a whole lot of difference if you don't see abortion as murder. Getting rid of the defective fetus and getting pregnant again for a new one is just another method for fixing the problem.


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PostPosted: Wed Sep 14, 2011 12:16 pm 
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Xequecal wrote:
I'm kind of curious if you guys are just focusing on the abortion part or the actual malpractice part.



All I care about is whether it was actually malpractice, not the reason for the suit.

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PostPosted: Wed Sep 14, 2011 1:36 pm 
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Talya wrote:
Xequecal wrote:
I'm kind of curious if you guys are just focusing on the abortion part or the actual malpractice part.



All I care about is whether it was actually malpractice, not the reason for the suit.


+1

They can concieve and abort until her uterus looks like a sea cucumber for all I care. But blaming the doctor and tech for this issue is BS

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PostPosted: Wed Sep 14, 2011 1:42 pm 
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I think to get that kind of cash settlement there has to be real negligence on the part of the parties. If they really screwed the pooch on this one, then by all means.

I'm not happy they are bridging this on "we could have aborted him" It doesn't help their cause legitimate case or not.

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PostPosted: Wed Sep 14, 2011 2:12 pm 
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Insofar as the medical personnle involved were negligent, I agree with a finding in favor of the parents. I think the amount, however, is absolutely outrageous. The parents clearly did intend to have a healthy child, so they clearly epxected to pay normal expenses associated with raising the child. I seriously doubt this child has cost them 4.5 million dollars over and above those expenses.

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PostPosted: Wed Sep 14, 2011 2:54 pm 
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I have zero qualms with the idea of people aborting their own children.

I have issues with people suing them over something that is not the doctors doing. And I have real issues with the people giving them 4 million gorram dollars to support a child "because they did not abort".

"If we knew..." awesome, but you didn't. It is not the doctors responsibility to support your **** child you douche.

Deal with it the same way many many other people who have disabled or deformed children did.

The doctor did not cause your child to be missing those limbs, so eat a bag of severed cocks.

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PostPosted: Wed Sep 14, 2011 2:59 pm 
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darksiege wrote:
a bag of severed cocks.

Would almost definitely constitute 'malpractice,' I'd imagine.


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PostPosted: Wed Sep 14, 2011 3:33 pm 
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Funny how no one is touching the negative eugenics aspect of the parents' decision ...

Oh, wait ...

Maybe that's why people are annoyed with the decision?

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PostPosted: Wed Sep 14, 2011 3:42 pm 
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Khross wrote:
Funny how no one is touching the negative eugenics aspect of the parents' decision ...

Oh, wait ...

Maybe that's why people are annoyed with the decision?


Not sure if I am following correctly. I am annoyed over the Dr being sued for an inexact test. It would be like arresting Geologists for failure to predict earth quakes...oh wait.

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PostPosted: Wed Sep 14, 2011 3:52 pm 
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I'm not particularly concerned with the issue of malpractice (or its lack) ...

I'm more concerned that there are 12 people and a judge in the United States who think a lost opportunity for negative eugenics is worth 4.5 million dollars. That bothers me ...

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PostPosted: Wed Sep 14, 2011 4:09 pm 
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I'm wondering what impact the judge's instructions (if any) to the jury may have been. It may be that the jury could not consider what the parents might have done if they were told of the kid's disabilities. The character of the parents and their motivations were not to be considered, in other words. It may be that all they could consider was that the disabilities were missed, and the costs involved in the kid's lifetime healthcare.

That said, I'm not a fan of the parents.

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PostPosted: Wed Sep 14, 2011 4:42 pm 
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PostPosted: Wed Sep 14, 2011 4:46 pm 
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>boom<


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PostPosted: Wed Sep 14, 2011 6:51 pm 
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Hellfire is very heavily armored.

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