Couple suing health authority due to birth of child with Downs syndrome. (Wrongful birth suit)

[Crazyfatmamma]

Daily mail story- sorry.

www.dailymail.co.uk/news/article-2112708/Deborah-Ariel-Levy-Portland-couple-sues-Legacy-Heath-wrongful-birth-daughter-born-Down-syndrome.html

American couple suing health authority in a wrongful birth suit due to having a daughter with Downs syndrome, they say they would have had an abortion if they found out about her condition first,the couple are now hate figures in the US.

I am unsure what the reasons for this are, maybe they are doing it to get money for her future care, I am not in this situation but its almost like anything less than perfect isnt acceptable.

Opinions please.

Wrongful birth claims as they are known are more common than you think. There have been many cases in the uk too not just downs but other conditions too. The claim is for the additional cost or caring for a child with the medical condition over and above a child without such a condition/disability. The claims often include a claim in respect of psychological trauma for the parents often depression or PTSD.
It is a morally controversial issue but not legally. It is a medical negligence claim.

It's eugenics by the back door to have a health care system which can bankrupt a family for having a SN child!
I worry about us following the US system!

Good for them.they did and said what needed to be said to get the money to help their daughter.
Used to the Nhs I think you would be shocked how paying for health care breaks people in the states. Unless your company offers a good scheme you are looking at 6to 700 pounds a month for a family to be insured.....you pay this. Oh unless you have an existing health condition.....like downs and then you will have a battle to get anyone to cover you. My friend just has epilepsy.......she had a v hard time getting coverage and pays a fortune.

I think it's very easy to say that they should 'factor the costs' - from what I know of US health insurance it's awfully expensive (several hundred pounds a month just for basic cover). I imagine her healthcare would be very expensive (assuming she has medical complications arising from the DS, as not all do?).

It's a horrible situation to be in, but lets not judge their stance on abortion. There are many MNers posting that they have had a termination due to DS. Until you are in that boat, it's impossible to judge.

but their child is here, so they are not talking about an unborn one.
seems horrid that to get compensation you have to say stuff like that.

Also... the ramifications of this case are surely huge in the US if this is the first judgement of its kind. Are all healthcare providers going to want to insure themselves against this happening again, pushing up the price of diagnostic tests even further?

We moan about the NHS but boy, are we lucky. I will never moan again...

i don't know about the NHS, it isn't that good and to sue them for causing brain damage at birth takes years and years, but at least you don't have to say horrid stuff to do it.
must be awful as no doubt the parents love their child dearly.

2shoes, I've never had to use another country's healthcare but I have friends who have lived abroad and they all say how wonderful the NHS is, in hindsight.

Sueing anyone can't be nice, my point was more that we never have to worry if we can afford healthcare, whereas in the US it's a real choice for some people. Imagine your child being desperately ill and you know you can't pay for them to be treated. No-one in the UK has to suffer that.

I think this is more to do with the fact that the genetic test was botched and no one noticed.

loveisagirlnameddaisy yet

Just because you would have terminated a 13wk foetus had you know about the Downs Syndrome doesn't mean you can't love the child you gave birth to. The couple would not have chosen to have a child with Downs, they had tests to avoid this and those tests were botched. The fact that they love their DD now is irrelevant - this is the US where they have huge medical bills and they will need extra money.