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Thread: Wrongful life suit???

  1. #21
    Senior Member dnf777's Avatar
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    Quote Originally Posted by Eric Johnson View Post
    dnf777-

    Court cases revolve around legal theories. A lawyer puts forward a legal theory supported by case law and the facts of the case and draws a conclusion from it. He hopes to convince the jury or judge that his theory has merit and is a correct one.

    I would be interested in know how this case ended. We don't know how old the plaintiff was but suppose s/he was over 21. The theory is that 21 years ago the standards of care and informed consent would have required notification (probably yes) and that the action by the parents to abort would have been rather pro forma. The second part is sort of hard to prove or disprove.

    Eric
    I'm having a hard time accepting responsibility for someone else's genetic makeup, their religious and moral stances, and their decisions of what to do with possible information. All of the above figure into whether or not the courts decide who, if anyone is "responsible". Or liable, I should more correctly say. I don't know the outcome of the cases, nor did the attorney discussing them. The young plaintiff in the wrongful life case I believe was a legal minor, but in her teens, and with a good understanding of what's at stake.

    I doubt a court would hold a doc responsible for something that wasn't available 20 years ago, but my concern is that nowadays, it is impossible to keep track of what new gene has been mapped and linked to a disease, and what surrogate marker tests are available through a lab in Oklahoma, and I fear docs will he held to that standard. Like I mentioned, one doc at the conference gives his patients a letter saying that anything in the world basically, may be hereditary, so talk to your kids. Probably wouldn't hold water in court, and is ridiculous on it's own merits, but the fact the system has encouraged someone to even entertain such a strategy speaks volumes.

    I think the courts should go back at start at about 1940....and deal with the ethical questions that that vintage of technology posed. Once they're answered, start moving forward, and by the time they get to current events, we'll all be outta here!
    God Bless PFC Jamie Harkness. The US Army's newest PFC, but still our neighbor's little girl!

  2. #22
    Senior Member road kill's Avatar
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    If there would be legal ramifications for a "Wrongful Life," wouldn't that set a precedent for "WRONGFUL DEATH?"

    (I wonder if anyone will understand this??)
    Stan b & Elvis

  3. #23
    Senior Member dnf777's Avatar
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    Quote Originally Posted by road kill View Post
    If there would be legal ramifications for a "Wrongful Life," wouldn't that set a precedent for "WRONGFUL DEATH?"

    (I wonder if anyone will understand this??)
    Absolutely! That is why pro-choice advocates fight against "double-homicide" charges when pregnant women are killed. (lacey Petersen?) They fear that is a back-door way of establishing the definition of "life" in a fetus.

    While that may play a role in this discussion, I promise that was NOT the reason I started this. Actually, even more than the wrongful life or wrongful birth issue, I was interested in if a doc should be held liable to not informing (or not knowing himself!) if a condition was potentially inherited to a patient, parents, siblings, children?

    I know there is no larger powder-keg than abortion issues, and again, I promise I did not start this thread with that intention. I was tempted to reply to Pete's comment about gov't intervention, but then I would have been guilty of doing exactly what I'm trying to avoid!

    Have a good one,
    dave
    God Bless PFC Jamie Harkness. The US Army's newest PFC, but still our neighbor's little girl!

  4. #24
    Senior Member subroc's Avatar
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    Absolutely! That is why pro-choice advocates fight against "double-homicide" charges when pregnant women are killed. (lacey Petersen?) They fear that is a back-door way of establishing the definition of "life" in a fetus.
    In your view, does the murder of a woman carrying a third term (8 month) viable fetus, and that fetus dies because of that act, constitute a double murder?

    I say again "third term (8 month) viable fetus."
    subroc

    Article [I.]
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    Article [II.]
    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  5. #25
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    Quote Originally Posted by subroc View Post
    In your view, does the murder of a woman carrying a third term (8 month) viable fetus, and that fetus dies because of that act, constitute a double murder?

    I say again "third term (8 month) viable fetus."
    You don't even have to go to the 8th month. A 22 week old fetus was delivered and is doing well ( I believe it was in Europe??) recently...

  6. #26
    Senior Member dnf777's Avatar
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    Quote Originally Posted by subroc View Post
    In your view, does the murder of a woman carrying a third term (8 month) viable fetus, and that fetus dies because of that act, constitute a double murder?

    I say again "third term (8 month) viable fetus."
    Huge question! Personally, I don't feel there is an answer that will fit all people. Me, personally, if it were my child (in my wife's belly, of course) I would want the SOB who harmed my child from one day after conception, because to ME, that is my future child, that undisturbed WILL become my child someday. You arbitrarily picked 8 months. To those who believe life begins at conception, the timeline is irrelevant. However, I don't see many of those people holding Mass of Funeral rites for early miscarraiges. In fact, MOST conceptions do not develop into term pregnancies. Many go completely undetected, as "late periods" or not even late. Only the advent of super-sensitive EPTs have alerted us to the large number of early pregancy losses. Many if not most are due to specific chromosomal incompatibilities.

    Anyway, to answer your question, I don't have an answer, other than for my personal situation. Everyone else's may be different. Just as I don't impose my beliefs on others, I expect the same in return for all other people. I suspect that until the Second Coming of Christ, or global climate armageddon, humans will be debating this topic!

    I enjoy this discussion, and if any of my comments were offensive, it was totally unintended, and I apologize in advance.

    cheers,
    dave

    To someone else, that may not be the case, and the science, religion, and law are not clear on when we are endowed with legal "life". Actually, the law has become clear in terms of abortion rights, but not so clear when the fetus is harmed in violent acts.
    God Bless PFC Jamie Harkness. The US Army's newest PFC, but still our neighbor's little girl!

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