Posted on 07/17/2003 4:52:56 PM PDT by LibWhacker
Acting Prime Minister John Anderson has branded a High Court decision to award damages for the birth of a healthy child repugnant, saying it devalued human life.
Mr Anderson said the decision to award Brisbane couple Craig and Kerry Melchior $105,249 for the cost of raising their son Jordan, conceived after a failed sterilisation, was a further sign of a trend in society to view children as "consumer durables there for our pleasure - rather like an expensive fridge or new DVD player".
"It is repugnant that the birth of a healthy child, like Jordan, should be the subject of damages," Mr Anderson said.
"Children are a gift from above, not an economic burden that can be enumerated and tabulated."
The High Court on Wednesday upheld a damages award to the Melchiors to cover the cost of raising Jordan, their third child.
The court decided that the costs were directly linked to the negligence of the doctor who performed a failed tubal litigation on Mrs Melchior.
The judges also found that the "blessing" of having a healthy child could not be regarded as an offset against the financial burden.
Mr Anderson said yesterday he was "profoundly concerned" by the decision, which raised critical questions about the value placed on the life of a child.
"Do we no longer understand that when we devalue and cheapen one life, we devalue and cheapen all life - and with it threaten our cherished freedoms?" he said.
But lawyers yesterday hit back at Mr Anderson's comments, saying such claims for damages were relatively infrequent, required proof of medical negligence to succeed and usually were settled for relatively modest amounts. Phil Gleeson, of law firm Slater and Gordon, said what was at issue was a person's right to seek compensation in cases of negligence.
"It has nothing to do with treating children as commodities and I think my clients would be offended by such an accusation," he said. "These are much-loved children."
Mr Gleeson is representing two women who are suing their doctors for allegedly failing to ensure that a contraceptive device was properly inserted, including a Shepparton mother of three.
He has recently settled one failed sterilisation case and is investigating a further eight cases involving failed contraception or sterilisation procedures.
Sydney lawyer Anna Walsh, from Maurice Blackburn Cashman, said her office had handled about 10 such cases in the past couple of years, three of which were outstanding.
Doctors have expressed alarm over the impact of the High Court's decision, saying it is certain to fuel the medical indemnity "crisis" and add to doctors' feelings of being under siege.
Australian Medical Association federal vice-president Mukesh Haikerwal said yesterday: "It seems as if the goal-posts just keep changing and changing."
"It is repugnant that the birth of a healthy child, like Jordan, should be the subject of damages," Mr Anderson said.
"Children are a gift from above, not an economic burden that can be enumerated and tabulated."
In a just world, the court would have forced this couple to 1) give the child up for adoption and 2) pay the defense's legal fees.
But there is perfect justice in the next life. Hope these schmucks don't forget that.
The horse orders a beer.
A few minutes later, John Kerry walks in and sits at the bar. The bartender walks up and says "Hey pal, cheer up. Why the long face?"
I'll stop if you guys will donate and get us over our fundraising goal
Your right but sometimes we would like to see it.
Amen! Very incisive logic.
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