as a disabled man, advocate, author, and every other thing i have been in thirty years, nothing makes me as sick as this story has. as you read this, keep in mind that im a thirty year old teen pregnancy statistic. im sure life wasn't easy for my family either. its called PARENTING, GODDAMMIT.
PORTLAND, Ore. - The parents of a child who has Down syndrome have been awarded $2.9 million in a lawsuit they filed against Legacy Health.
Jurors found that the hospital was negligent after doctors told Ariel and Debora Levy their unborn baby did not have Down Syndrome.
The child was born with the condition and the parents said based on what they were told, they chose to continue the pregnancy. After their child was born, the Levys said the doctors were "negligent in their performance, analysis and reporting" of test results.
The Levy's child, a girl, is now four years old.
"It's been difficult for them," said David K. Miller, the Levy's lawyer. "There's been a lot of misinformation out there."
the article goes on to say that the case was not about the possibility of terminating pregnancy. i call bullshit, obviously.
http://www.katu.com/news/local/29M-awarded-to-parents-of-child-with-Down...
Well, i'm not touching this with a ten foot pole, as you seem to have your mind made up. All I will say is: informed consent matters as much in pregnancy as it matters anywhere else.
in GETTING pregnant, i agree.
in remaining pregnant? no way, unless the child's birth would kill you, or if the baby would die as an infant anyway.
I second that. If there was never any intention of terminating the pregnancy, then what exactly are damages being awarded for? There are a few previous plaintiff verdicts in "wrongful birth" suits, but the prevalent argument was that had tests been read correctly, the option to terminate would have been given serious consideration, and if memory serves these were grave or terminal congenital defects with treatment (often non-covered) costs ranging from astronomical to exhorbant. It is always heartbreaking when a baby or child suffers from ANY type of disease, disorder, syndrome, etc. A child afflicted with Down's is no exception. However, the facility and doctors did not in anyway cause this unfortunate situation, they failed to detect it. I am not a doctor and I don't know the intricacies of this case, but I do know diagnostics is not always a clear cut process; trial and error play a significant role (anyone who's seen an episode of House is aware of this... Sorry couldn't resist). Although I sympathize with these parents-knowledge and preparation undoubtedly would have softened the blow, I feel that malpractice litigation is used far too excessively. True negligence, laziness and incompetence that results in real undue duress should be met with punitive damages, but the sad reality is that many competent and trustworthy physicians have beenruined by frivolous claims and shameless greedy ambulance chasers. This sue-happy mentality is contributing not only to the ever-ascending cost of healthcare, but also to the decending depth of character, integrity and patience of society as a whole. The American dream no longer consists of striving to attain goals and being rewarded for hard work and dedication. This litigious generation is looking for a floor to slip on and a defendant to point a finger at (preferably a finger covered with extra liability insurance. The mantra-if you're hurt, somebody should be paying you!
*recommended literature-"Handle with Care" by Jodi Picoult although Picoult can be a bit sentimental and many of her stories seem to follow the same formula, she spins a good yarn and is always an enjoyable read. Her subjects are often controversial or hot-button but she does a fair job at presenting various points of view
i just saw on the 11pm news that the couple admitted during the trial, that they would have aborted the poor child, had the test come back positive. so their lawyer is a bold-faced liar, and they're money-grubbing pieces of shit, who arent ever going to really want that little girl, and that makes me sick.
keep your money, i say. even if you didnt earn it, but i know people who cant have babies. give that little girl to them.
http://www.amazon.com/Politics-Down-Syndrome-Kieron-Smith/dp/1846946131/
I only know about this book from being on the same imprint, but it's an interesting one.
that sounds interesting, phil
I wish I was an abortion.
i call bullshit, obviously."
Concur. There are so many shitty parents out there. I am really thinking a licensee to parent is the way to go.
We have to get one to drive, to fish, to hunt, to own weapons ect ect, why not for the awesome responsibility of bringing life into this world and raising it to be a contributing member of society (which is way more important than catching trout). It's either that or wait for society to collapse and live like it was the neolithic again (which is the only time equality existed and parenting was the responsibility of the village)
Just my two cents. Doesn't mean I am right.
I would like to say that opposed to common beliefs, bringing life into this world is not some mystical power that people have. It has been happening for thousands of years. Before doctors and insurance this child would have been thrown from a cliff. While I would love to advocate for the survival of all children, there is the reailty that some will be a bigger burden than they will be worth. Only until the last 70 years have children been considered some magical beings.
You can call me an asshole etc. But you are not the people who will have to take care of the child every day. You are not the ones who will have to give up all of your dreams to ensure this child lives another day. A person who will most likely never be able to take care of itself. It is very easy to sit on the sidelines and bitch at how horrible these people are. If you want the child, by all means, contact them and fight for custody. If not, get off the soap box.
It has been happening for thousands of years"
True, but the Darwinian safe guards that existed in times past are longer applicable and don't ensure just the strongest and fittest survive. Which means it effects (or is it affects...one is a noun and one a verb) all of us either directly or by proxy. Something worth thinking about though. Some good points Diaz.
Do all zero books have the same exact cover??
They've all got the same look:
I like it. Sleek.
I like how some have pictures and a lot of them don't.
They are definitely eye-catching. I just thought it was weird that your book and that other Down Syndrome one had the exact same color and look.
Any chance I can get an autographed copy from you, phil? I didn't win the contest on goodreads... Pleeeeease.....
Yes, you can indeed. Send me your address and I'll have it shipped over.
*** Personal experience alert. I am not a doctor. ***
In my experience (father of 1 in Australia) the testing works by the ultrasound technician measuring certain aspects of the baby at around 14 weeks. These measurements give a predicted liklihood of the baby having Down syndrome and it is quoted with a "1 in x" type number. We were told that they could not say that the baby would or would not have the syndrome, it was purely a liklihood thing.
Prior to the test being carried out you are advised what 'low risk', 'normal' and 'high risk' numbers are.
Based on the number you can choose to either continue the pregnancy as normal, terminate or have an amniocentesis taken. An amnio is invasive and runs the risk of miscarriage but the result of this test will show whether or not the baby has Down syndrome.
Deciding to take this second test would be a big step, given the risk. If this is what happened to the parents in the article and they were told that the result of the amnio was clear then the testing facility would seem to be negligible.
in GETTING pregnant, i agree.
in remaining pregnant? no way, unless the child's birth would kill you, or if the baby would die as an infant anyway.
No, informed consent is always the case. If the doctor had some moral opposition to disclosing the test results he should have been up front and not been the one to do the test. Amniocentisis is actually 100%
I am not saying I agree with aborting for Down Syndrome. I didn't have the preliminary tests when I was pregnant because it did not matter to me. However, if I had done the tests, I would have expected to be told the actual results, regardless of what I may or may not have done with them.
And unfortunately, your feelings about when a baby should or should not be aborted are...well...misogynistic. Unless a baby can be given life without the use of a woman's body, then I believe the woman should have the choice. Doesn't matter if I would do it, when it is my body, it is my choice. When it is your body, it will be your choice. When the fetus in question is capable of life outside the womb we no longer allow that choice except in medical circumstances, and I think you'll find most people agree with that.
In fact, I wouldn't necessarily be against laws that cut off abortion beyond viability in cases where the baby/mother's lives were not in danger--however, as the law stands now--no doctor has the right to withhold test results from expecting parents.
keep your money, i say. even if you didnt earn it, but i know people who cant have babies. give that little girl to them.
You obviously don't know much about adoption. The foster care babies, the ones abandoned or taken away from parents at birth...white ones get adopted. Black babies? They stay in the system. Hispanic babies? In the system. Babies with drug issues? Stay in the system. Babies with physical or mental disabilities? They stay in the system. You may think I am pulling this out of my ass, but you can look up the statistics if you think you can call my bluff.
I won't hold having preferences against infertile couples because Lord knows I haven't walked a mile in their shoes, but the fact remains that the majority of minority/special needs babies go to foster care and stay there.
