Wrongful Birth Legislation is Highly Controversial States Cleveland Medical Malpractice Lawyer
Cleveland, OH (Law Firm Newswire) May 23, 2012 - If politicians would stop trying to shift responsibility in medical malpractice cases, justice might be done.
“It’s quite disturbing to watch the political intervention in medical malpractice issues. It strips away patient’s rights, and leaves them in a real bind, trying to pay for their care for injuries that a medical professional caused. Whatever happened to accepting responsibility? More to the point, whatever happened to doctors taking the initiative to accept responsibility for screwing up?” inquired Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of Mellino Robenalt LLC, in Ohio.
There is far too much political intervention in an area best left out of the realm of shifting political mandates. Politicians and legislation they create is supposed to protect Americans. Legislation dealing with medical malpractice issues, rarely protects anyone, other than the doctor and the insurance companies. The whole area of legislation dealing with medical issues is a highly controversial one, and touches on many subjects, including legislation to prevent abortions if a child has Down syndrome.
“Consider a case in Portland, Oregon, where a jury handed a couple $3 million, who stated they would have aborted their child, had they known she would have Down syndrome. These lawsuits are referred to as wrongful birth suits, and are recognized in 28 states, with two more with pending legislation. Suits like this are usually filed when parents suggest their doctor failed to offer them a reasonable level of care in ‘failing’ to diagnose a prenatal condition,” Mellino clarified.
Wrongful birth suits are argued that the parents would have aborted their baby, had they known about any medical conditions, but because they were not told, they then seek compensation to raise a special needs child. More often than not, cases like this are limited to severe birth defects, like Tay-Sachs, spina bifida, cystic fibrosis and Down syndrome.
Conversely, there are also wrongful life cases in just three states. “They are filed on behalf of the disabled child, and state that, in essence, they would have been better of dead. These cases are largely unsuccessful. There are also wrongful conception cases, which are slightly different, and are a result of a botched sterilization,” added Mellino.
Wrongful birth cases are painful, gut-wrenching, and have an enormous amount of money riding on them. The parents have the life-long expense of caring for a disabled individual, coupled with worry, fear, sorrow and overwhelming disappointment. They seek to find compensation to help them deal with this issue and to put right what the doctors put wrong.
In the Portland case, the mother did have two ultrasounds that indicated abnormalities present, but they were not told about the results. Additionally, the doctor performed an amniocentesis, and instead of taking fetal tissue, retrieved maternal tissue, which provided a false reading. Mostly what is at issue is the present or absence of negligence, and in this case there was enough evidence to indicate negligence was present.
“These cases are never easy, but if you feel you have reason to pursue a legal option to deal with your situation, then contact me. This is my job, to discuss the issues with you, outline your options and choices and assist you, should you choose to move forward,” suggested Mellino.
Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901
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