This just makes me sad.. Poor baby just put her up for adoption if you dont want her.

[whitehall]

"Wrongful birth", who woulda thunk it.

 

[alan1]

I wonder........
If the test had said Downs Syndrome, and they aborted and later found out that there was no Downs Syndrome..........
Would they have sued for wrongful death?

 

[Si modo]

I wonder........
If the test had said Downs Syndrome, and they aborted and later found out that there was no Downs Syndrome..........
Would they have sued for wrongful death?

Exactly.

 

[California Girl]

Why is it stupid?

They would have aborted had they known. Now they are saddled with a lifetime of all sorts of expenses.

And, they have the ability to relieve those damages. After four years, they have made no effort to do so - eg. adoption.

I agree that they have a suit for the botching of the test, but, IMO, when a person has the ability to mitigate damages of another's error and they do not, there is a problem. I'm pretty sure the courts think the same way.

no one is adopting a down's child...

but that's neither here nor there... it is the negligence of the lab that the suit is being brought for.

there is no requirement as far as i know that the parents mitigate their damages by divesting themselves of the child. the money is for the child's care and even if adopted, she'd be entitled to that money.

there's also no cause of action for wrongful birth as far as i know... it's the care for which the funds would be payable assuming the defendants acted inappropriately.

No one? Really? Quite a sweeping - and completely ludicrous statement, mo chara.