Posted on 02/05/2024 11:34:01 AM PST by Morgana
The parents trusted the doctor that their unborn child was healthy and were looking forward to the birth of their daughter. But then the shock: the girl is born without a left arm. The left chest and shoulder area is also misformed and the collarbone shortened. The desperate parents wondered: How could the gynaecologist overlook this malformation during ultrasound examinations? He even noted twice that the fetus has both arms and legs. The parents complained to the Carinthian specialist. “The doctor had overlooked the child’s severe disability. If the diagnosis correctly made the parents, the parents decided to abort," says Karin Prutsch-Lang, a lawyer in Graz. They requested compensation from the doctor, in particular the total maintenance costs for the child, the care costs and the treatment and therapy costs, as well as the determination of his liability for all future damages.
he case went to the Supreme Court (OGH). The defendant objected that he is at most liable for the disability-related maintenance requirement, if at all. The Supreme Court did not grant the revision of the gynaecologist. The decision states that the “prenatal diagnosis could have recognized even in the first-trimester ultrasound screening when it comes to hearing attention”, that there is a serious physical disability. If he had acted artis – that is, according to the rules of medical art – and had educated parents about the disability of their unborn child, they would have decided to have an abortion, they would have said. The Supreme Judges emphasise that this is about the right of parents to autonomously decide whether, firstly, they want a child and, secondly, whether they are ready in view of their life situation and see themselves in a position to raise a disabled child according to his needs.
he court away from the previous judiciary and made a landmark decision: there must be no distinction between the unwanted birth of healthy and disabled children. From the point of view of damages, both issues must be assessed equally. “The Supreme Court confirms that doctors are liable for the child’s full maintenance effort, regardless of his state of health, if the birth could have been prevented by proper education or treatment,” says Prutsch-Lang.
The gynaecologist, who operates an elective doctor's practice in Carinthia and is employed in a hospital, now has to pay for the child's entire maintenance effort. So far, he has been obliged to pay around 76,500 euros. “In the future, further claims amounting to several hundred thousand euros will be asserted for the parents of the disabled child,” says Prutsch-Lang. “This judgment could have far-reaching implications for medical practice and patient rights.”
Basic info is baby was born with no arm and shoulder that is malformed and feel that was reason for abortion had they known. So they sued doctor.
Yes again this happened in Austria
So which illegal drugs or doctor prescribed medicine was the female taking while she was pregnant ???
Thalidomide ???
Abortion aside, the doctor was incompetent reporting multiple times that the baby was healthy with two arms and two legs. The doctor should be held accountable for that.
No one is forcing those parents to keep that child.
What is the child going to feel like later when she learns that her parents wanted to kill her because of her disability? That’s going to cause a host of issues.
I don’t know about the ultrasound issue. A lot of ultrasound pictures on the internet don’t show all of the limbs. It seems only the 3D ultrasounds really show detail.
Exactly. They are seeing the child as a cash cow and plan on extorting as much money from the doctor as possible for her *care*.
They won't give her up for adoption because of money they can make off her, even though she deserves way better for parents than those two.
“Kill the baby” propaganda by the pro-aborts.
PRAISE GOD! That this child was NOT aborted. ANY child has the right to LIVE!
A DEI doctor?
Sociaized medicine.
Amen faucet!
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