Anyone want to play Scruples today?
Yesterday, a jury began deliberating a "wrongful birth" case brought by couple whose daughter was born with Down syndrome -- months after they'd received an "negative" diagnosis by a clinic. The health group/clinic is the defendant.
*The couple is suing for the add'l cost of raising the afflicted child -- $3 million.
*The couple say that they dearly love their daughter, who is now four, but ...
*The couple state that they would have aborted if they'd received the correct diagnosis
[Wow: The article claims that "several studies show that more than 89 percent of women who learn they will give birth to a child with Down syndrome choose to terminate their pregnancies"]
My take: It's a very sad situation for the child, should she ever become aware of the facts of this lawsuit [well, I doubt that she could comprehend this] ... and defintely a sad situation for her [normally chromosomed/very bright] brothers, who certainly are/will become aware of what is being claimed.
I support the right to file this lawsuit, but I'm not sure that it can or should be successful. Unless the clinic claimed that the test was 100% accurate, there should be no guilty/responsible verdict. Even if the clinic claimed the test was 99% accurate, there has to be the unlucky false-negative remaining 1%. This would give the accused an "out" ... no fault necessary.
What is your take?
The characteristics and challenges associated with Down syndrome