IVF increases the chance of twinning and since IVF costs tens of thousands of dollars a go doctors implant more than just one embryo to make sure the patient gets what they’re after.
I think the doctor will have the upper hand in this case. Either that or their insurance premiums will rise just a bit!
Thats true however the patient has the right to decide on what level of risk they are willing to take. Do they implant more embryo’s and risk a multiple birth or implant less embryo’s and risk that nothing happens and they need to spend money for the procedure again.
It was reported that the women decided on what risk they wanted to take and asked for only one embryo to be implanted. If this is true then the doctor overstepped the line and is at fault.
From what I understand that was you are right the woman did ask for one embryo to be planted.
But suing for the cost of raising one of your own children just seems wrong and I can’t help wondering if this is because children are seen more and more like a commodity by society.
What about the emotional impact on these two daughters when they find out that their parents sued a doctor over this. What is the cost of that damage?
The bring forth mother said they thought about giving one of the girls up but she did not feel they should be separated. So they have made a choice as well. It’s time they started living up to it.
I think that its sad that they have come to this. Many populate have children they did not intend for and it is a burden. In general people live with it. In this inspect however there appears to be an individual at fault.
From a legal point of view however. I think that they have a case since they requested a service that was provided poorly and they are now at a financial disadvantage because of that. It may not be a morally pleasant case but it looks legally correct.
On a similar say some people die and we just live with that but if that death was caused by someone else then they may find themselves sued by the victims family - eg: OJ Simpson.
I wonder if it will set the scene for other cases such as a assail victim suing a convicted rapist for the ongoing support and maintenance of a child? As long as the DNA matches. I am sure there are avenues under the CSA to claim child support.
Is the doctor really any different? What if it 3 embryos were implanted? What about 4? The Dr intentionally got the woman pregnant beyond what she requested and whilst she suffers the financial burden the Dr can walk away claiming that it was a successful IVF operation.
It certainly sounds like grounds for malpractice. Normally the doctor would be sued for any incurred losses are repair bring home the bacon. You cant “repair” a child so reasonable costs on the financial costs of raising a child sounds fair. Note that I do not think that “private school education” is a reasonable expectation.
Reading further bear witness it looks like it ordain go down to how the woman made her request and if she took all possible avenues to verify that the doctor got the communicate.
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Related article:
http://www.perthnorg.com.au/2007/09/18/lesbian_sues_over_ivf_twins/
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