Wrongful life?? - PeachParts Mercedes-Benz Forum

Maroon 300D · #1 05-09-2006, 11:24 AM

Two people with severe disabilities in Australia sued their mothers' doctors, claiming they should have never been born. The NSW court ruled there was no standing for such a claim.

http://www.smh.com.au/news/national/two-lose-wrongful-life-case/2006/05/09/1146940517772.html

As someone who works with people who have developmental disabiities, this is fascinating but somewhat alarming to me. What do you guys think?

boneheaddoctor · #2 05-09-2006, 11:33 AM

I think if they were so unhappy with their life they should just off themselves. Either that of get over it and make the most out of what they have.

koop · #3 05-09-2006, 11:42 AM

Quote:

Originally Posted by boneheaddoctor

I think if they were so unhappy with their life they should just off themselves. Either that of get over it and make the most out of what they have.

Quote:

"Ms Harriton was born deaf, blind, physically and mentally disabled"

Pull yourself up by your bootstraps you whining liberal.

Dee8go · #4 05-09-2006, 12:38 PM

I haven't walked in their shoes, but I still find that pretty outrageous. If doctors have to worry about whether someone's life will turn out good or not before they deliver babies, watch out! There will be a pretty long line at the courthouse.

Nate · #5 05-09-2006, 12:39 PM

yep, how much in debt are they going, if they need 24 hour care...
What happens when they get no more money?
~Nate

koop · #6 05-09-2006, 01:02 PM

Quote:

Originally Posted by Dee8go

I haven't walked in their shoes, but I still find that pretty outrageous. If doctors have to worry about whether someone's life will turn out good or not before they deliver babies, watch out! There will be a pretty long line at the courthouse.

What is so outragous? The doctor not dagnosing rubella? Or the massive birth defects the rubella caused?

Maroon 300D · #7 05-09-2006, 01:54 PM

Quote:

Originally Posted by Nate

yep, how much in debt are they going, if they need 24 hour care...
What happens when they get no more money?
~Nate

I'm not sure how it works in Australia, but in America Medicaid and social security take care of the almost all the basic needs of severely disabled people who are diagnosed as such before the age of 22.

You are right, though, it is VERY expensive for people who are unable to take care of their own basic needs, and financing this could be the real purpose of the lawsuit. I would expect that the Australian government probably funds their care along the same lines as the U.S. government, though, so I doubt it.

boneheaddoctor · #8 05-09-2006, 02:00 PM

Quote:

Originally Posted by koop

Pull yourself up by your bootstraps you whining liberal.

Quote:
"Ms Harriton was born deaf, blind, physically and mentally disabled"

so a deaf blind mental 3 year old in a wheelchair got the idea to sue from where....seems to me like someone taking advantage of someone else in this case. Like a manipulative lawyer trying to line their pockets.

Seems mighty odd otherwise.

Maroon 300D · #9 05-09-2006, 02:10 PM

Quote:

Originally Posted by koop

What is so outragous? The doctor not dagnosing rubella? Or the massive birth defects the rubella caused?

The way I read this, the complainants are saying they should never have been born at all. If this were the mothers alleging malpractice it would be different and perhaps more open-and-shut.

What's troubling to me about this is that people might use it to justify treating babies born with disabilities in an inhumane way (and just because I quoted koop, I'm not alleging he feels that way!). I've seen disabled people, even severely disabled people, have an important positive impact on other people's lives. Just because one disabled person evidently feels their life is not worth living (the other complainant was only 5!), I would hope that others won't use that fact to justify doing horrible things to people.

Our lives are our own and we can either live them or not. When you look at someone who is severely disabled, or even just in a wheelchair, you may feel sorry for them or even think that if it were you, you would rather be dead. If it were your life, though, you would probably feel very different about it, and so would people who cared about you. At least the ones who didn't just like you because you drive a Mercedes!

aklim · #10 05-09-2006, 02:33 PM

Quote:

Originally Posted by Dee8go

I haven't walked in their shoes, but I still find that pretty outrageous. If doctors have to worry about whether someone's life will turn out good or not before they deliver babies, watch out! There will be a pretty long line at the courthouse.

70% of OB-Gyns will be sued in their career. Are they all that bad? I think not. What is happening? People are going to not want to be Ob-Gyns. I know my wife will not be a midwife because she is afriad it will soon hit her.

koop · #11 05-09-2006, 02:52 PM

Quote:

Originally Posted by Maroon 300D

The way I read this, the complainants are saying they should never have been born at all. If this were the mothers alleging malpractice it would be different and perhaps more open-and-shut.

What's troubling to me about this is that people might use it to justify treating babies born with disabilities in an inhumane way (and just because I quoted koop, I'm not alleging he feels that way!). I've seen disabled people, even severely disabled people, have an important positive impact on other people's lives. Just because one disabled person evidently feels their life is not worth living (the other complainant was only 5!), I would hope that others won't use that fact to justify doing horrible things to people.

Our lives are our own and we can either live them or not. When you look at someone who is severely disabled, or even just in a wheelchair, you may feel sorry for them or even think that if it were you, you would rather be dead. If it were your life, though, you would probably feel very different about it, and so would people who cared about you. At least the ones who didn't just like you because you drive a Mercedes!

I'm certainly mindful of the slippery slope argument, when is a life not worth living, but there really ought to be some aborted pregnancies. Not all life is "precious" some is just downright cruel.

cmac2012 · #12 05-09-2006, 02:53 PM

It is a bit bizarre. I can imagine the major expense would be a motivating factor.

I read once that people back when in upper Scandanvia, Vikings I guess, would put severely birth-defected babies out on the ice for a quick, mostly painless death. They say freezing to death is one of the easiest ways to go.

Sounds harsh, but they were up against far more pressing immediate economic concerns: having sufficient labor to support the tribe, village, family and they simply couldn't spare the labor for that sort of care.

Honus · #13 05-09-2006, 03:04 PM

Quote:

Originally Posted by boneheaddoctor

...so a deaf blind mental 3 year old in a wheelchair got the idea to sue from where....seems to me like someone taking advantage of someone else in this case. Like a manipulative lawyer trying to line their pockets...

Probably more like a parent or guardian who believes that the disabled child is going to need a lot of money to get through life. The wrongful life claim sounds like a stretch, but what are the parents/guardians supposed to do? They have a duty to make the poor kid's life as comfortable as possible. Their concern should be for the kid. They can't worry that someone might find their lawsuit to be offensive.

boneheaddoctor · #14 05-09-2006, 03:34 PM

Quote:

Originally Posted by dculkin

Probably more like a parent or guardian who believes that the disabled child is going to need a lot of money to get through life. The wrongful life claim sounds like a stretch, but what are the parents/guardians supposed to do? They have a duty to make the poor kid's life as comfortable as possible. Their concern should be for the kid. They can't worry that someone might find their lawsuit to be offensive.

So sue their parents...they were the ones who had the choice to abort the pregnacy when the disese hit...assuming it was legal there.

You don't sue the doctor when the mother is a crack whore? why sue the doctor when the mother gets sick?

Maroon 300D · #15 05-09-2006, 03:38 PM

Quote:

Originally Posted by cmac2012

I read once that people back when in upper Scandanvia, Vikings I guess, would put severely birth-defected babies out on the ice for a quick, mostly painless death. They say freezing to death is one of the easiest ways to go.

Sounds harsh, but they were up against far more pressing immediate economic concerns: having sufficient labor to support the tribe, village, family and they simply couldn't spare the labor for that sort of care.

I think similar things happened in all societies until recently. In ancient Greece and Rome, 'exposing' babies was not uncommon. They were left in a secluded place (i.e. where you couldn't hear them cry) to die. This was done for unwanted children as well as those born with obvious 'defects.' Evidently abortion was not widely available then; I believe the first recorded abortion occurred sometime around 2500 BC, though, in Egypt.

I think it would be easier than people generally think for these sorts of practices to make a comeback.