quote: An Idaho couple whose child was born with severe defects and later died cannot sue their doctors for a "wrongful birth," the state's top court ruled on Wednesday.
Rick and Danika VanVooren argued that their doctors were negligent in not informing them about the birth defects that would have prompted them to terminate the pregnancy. They sued in 2002.
I understand that they experienced pain and trauma that they would like to have forgone. Their child had a short, and perhaps painful, life.
But he (?) still had a LIFE! And I cannot understand how any parent -- even one who would have terminated the poor kid -- can so begrudge their innocent child's short life that they would sue over it.
posted
Can anyone explain to me the fenomena in the US, everone seems to be sueing everybody else! (which by the way is a quite popular joke in Sweden,USA; the land were a burglar can sue the family he robs for having a dangerous dog (or whatever)) You're right, it's unbelievable.
posted
*tries to remember last years gov't stuff* IIRC, when you take things to court, its either a criminal case or a civil suit.... if its the latter, you're always "suing". So I guess the big problem with us is no that we're always suing people, but that we take everything to court.
Of course, I could be completely, utterly, shamefully wrong...
posted
Because somehow we've bought into the idea that if we have pain, someone owes us money for it.
Posts: 14428 | Registered: Aug 2001
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Certainly the death of personal responsibility plays a large part - suing fast food restaurants because you're overweight, suing tobacco companies because you're sick from smoking, suing firearms companies. My 78-year-old aunt smoked for 60 years and got bladder cancer as a result. She was approached by a lawyer and asked if she wanted to be part of a lawsuit against tobacco companies. She told him that she made the choice to smoke and to continue smoking after all the research about how harmful it is was made public. She has also said that she knew that smoking was bad for her health the day she first lit up and that she has a hard time believing that anyone thought otherwise. BTW, she quit smoking cold turkey three years ago and hasn't had a cigarette since.
I'm very oppossed to frivilous lawsuits, especially sexual harassment and employment discrimination ones. They paid my way through college (I was a labor law paralegal), but they do so much damage. They cost a fortune and companies pass the expense down to the consumer. Even worse, they make things much more difficult for actual cases of sexual harassment and employment discrimination.
On the other hand, some people believe that civil court is the only place you can get justice these days. Look at Fred Goldman - he had to sue to get justice for his son's murderer. A couple of years ago, a man who committed computer crimes against my former company was acquitted due to gross negligence on the part of the prosecutor and an apathetic judge (the man confessed and the police had forensic evidence of his crimes). My company declined to sue him for various reasons and against my advice, so now they'll never get justice.
Posts: 3037 | Registered: Jan 2002
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