Monday, March 12, 2012
Down syndrome wrongful birth lawsuit and the $3 million award
Robert Keating, Legacy’s attorney, contends that the test results were accurate because Kalanit has a mosaic form of Down Syndrome where a significant number of her cells do not contain the chromosomal abnormality.
from First Things by Wesley J. Smith:
There should be no such thing as a “wrongful life” or “wrongful birth.” But lawsuits are filed from time-to-time seeking damages because a baby was born that the parents would have destroyed in the womb “had they only known.” For example, a few months ago we discussed one such case in Israel. These cases are different than a legal malpractice suit in which the actions or inactions of the doctor caused the illness or disability. Rather, the claim is that the child would have been aborted if the parents had been properly told about the nature of the baby that they received.
“We love her totally but would have killed her before she was born?” I hope never learns that her parents brought this case. And I hope the jury rejects it out of hand. Doctors are not guarantors of outcomes. We don’t–or at least shouldn’t–have a right to the baby we want. Most importantly, none of us should ever be declared in law to have been wrongfully born.