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  1. #1
    Member Member Avicenna's Avatar
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    Default Doctor has to pay for unwanted baby

    Hope you don't mind me stealing your layout, Lemur.

    Anyway, an interesting article. Quite a controversial ruling... a doctor failed an abortion and now has to pay for support for the unwanted child until it (sex unspecified) is 18.

    http://news.bbc.co.uk/2/hi/europe/6155200.stm

    Spoiler Alert, click show to read: 
    Doctor to pay for unwanted baby

    A doctor who carried out a failed contraceptive operation has been ordered by a German court to pay financial support for the child.
    The gynaecologist had inserted a patch into the patient's arm, but it failed to prevent pregnancy six months later.

    The woman, who had recently qualified as a teacher, had to give up her new job to care for her child.

    The highest judicial court has ruled the doctor must pay 600 euros (£400) a month until the child reaches 18.

    German gynaecologists now fear a flood of lawsuits, says the BBC's Steve Rosenberg in Berlin.

    The decision in Karlsruhe, made on Tuesday, has met with disapproval in the German press.

    The conservative Die Welt said the whole idea of damages being paid for the birth of a child was "perverse": "In addition to the highly private inkling that he was not wanted by his parents, he now has official confirmation that he was born by mistake," it said.

    The device is meant to protect against pregnancy for up to three years, but six months after the operation, the implant could no longer be found in the woman's body, the court said.

    The parents, who had known each other six months at the time of the conception, were no longer together, the court said.

    The father will also be compensated for the maintenance he is paying for the child.

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  2. #2
    Senior Member Senior Member Ser Clegane's Avatar
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    Default Re: Doctor has to pay for failed abortion

    The thread title is a bit misleading, isn't it?

  3. #3
    probably bored Member BDC's Avatar
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    Default Re: Doctor has to pay for failed abortion

    Quote Originally Posted by Ser Clegane
    The thread title is a bit misleading, isn't it?
    Bearing in mind it wasn't an abortion, I agree.

    Kind of messed up though. Can't imagine any doctor is going to go near anything involving contraceptives in Germany from now on.

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    A very, very Senior Member Adrian II's Avatar
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    Default Re: Doctor has to pay for failed abortion

    Quote Originally Posted by BDC
    Can't imagine any doctor is going to go near anything involving contraceptives in Germany from now on.
    Oh, patients are going to have to sign waivers from now on. The courts will overrule some waivers. After which doctors will need insurance against such overrulings. And the circus goes on.

    Every little thing, every single square of this earth, every split second of life is calculable in euro's, dollars, whatever. So let's calculate, claim, tax, sue and prosecute!

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  5. #5

    Default Re: Doctor has to pay for failed abortion

    Fixed your little spelling mistake in the Title Tib.

    As for the article :

    Ridiculous!
    Abandon all hope.

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    A very, very Senior Member Adrian II's Avatar
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    Default Re: Doctor has to pay for failed abortion

    Quote Originally Posted by Mithrandir
    As for the article :

    Ridiculous!
    Broke the camel's back, did it?




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  7. #7
    probably bored Member BDC's Avatar
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    Default Re: Doctor has to pay for failed abortion

    Quote Originally Posted by Adrian II
    Oh, patients are going to have to sign waivers from now on. The courts will overrule some waivers. After which doctors will need insurance against such overrulings. And the circus goes on.

    Every little thing, every single square of this earth, every split second of life is calculable in euro's, dollars, whatever. So let's calculate, claim, tax, sue and prosecute!

    I can see it now, signing a waiver as you go into a GP's office.

    What's odd is all this suing doesn't make anyone happier or healthier. Everyone just gets more stressed out. Except the lawyers who take a big percentage.


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    Dyslexic agnostic insomniac Senior Member Goofball's Avatar
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    Default Re: Doctor has to pay for failed abortion

    Quote Originally Posted by BDC
    Bearing in mind it wasn't an abortion, I agree.

    Kind of messed up though. Can't imagine any doctor is going to go near anything involving contraceptives in Germany from now on.
    I don't know about that. In very rough numbers, assuming that child support would come to about (and this is being generous) $1,000 USD/mo, that would total $216,000 until the child is 18. Further, if the amount can be paid out monthly, then the NPV of that $216,000 (discounted at an admittedly arbitrary 5%) is only about $142,000.

    How much are families awarded by the courts when doctors are negligent in other areas and a patient dies? $1,000,000? $5,000,000?

    But this doesn't seem to have stopped surgeons performing heart surgery, not to even mention breast enhancements...
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  9. #9
    probably bored Member BDC's Avatar
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    Default Re: Doctor has to pay for failed abortion

    Quote Originally Posted by Goofball
    I don't know about that. In very rough numbers, assuming that child support would come to about (and this is being generous) $1,000 USD/mo, that would total $216,000 until the child is 18. Further, if the amount can be paid out monthly, then the NPV of that $216,000 (discounted at an admittedly arbitrary 5%) is only about $142,000.

    How much are families awarded by the courts when doctors are negligent in other areas and a patient dies? $1,000,000? $5,000,000?

    But this doesn't seem to have stopped surgeons performing heart surgery, not to even mention breast enhancements...
    True. Not sure how prevalent litigation is in Germany though, presumeably less so than in the USA. Doctors are probably paid less too.

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    Default Re: Doctor has to pay for failed abortion

    Should have used condoms if he didn't want a kid. But Germany usally don't use Condoms and such, last time I read up on it..

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    Dyslexic agnostic insomniac Senior Member Goofball's Avatar
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    Default Re: Doctor has to pay for failed abortion

    Quote Originally Posted by Tiberius
    Hope you don't mind me stealing your layout, Lemur.

    Anyway, an interesting article. Quite a controversial ruling... a doctor failed an abortion and now has to pay for support for the unwanted child until it (sex unspecified) is 18.

    http://news.bbc.co.uk/2/hi/europe/6155200.stm

    Spoiler Alert, click show to read: 
    Doctor to pay for unwanted baby

    A doctor who carried out a failed contraceptive operation has been ordered by a German court to pay financial support for the child.
    The gynaecologist had inserted a patch into the patient's arm, but it failed to prevent pregnancy six months later.

    The woman, who had recently qualified as a teacher, had to give up her new job to care for her child.

    The highest judicial court has ruled the doctor must pay 600 euros (£400) a month until the child reaches 18.

    German gynaecologists now fear a flood of lawsuits, says the BBC's Steve Rosenberg in Berlin.

    The decision in Karlsruhe, made on Tuesday, has met with disapproval in the German press.

    The conservative Die Welt said the whole idea of damages being paid for the birth of a child was "perverse": "In addition to the highly private inkling that he was not wanted by his parents, he now has official confirmation that he was born by mistake," it said.

    The device is meant to protect against pregnancy for up to three years, but six months after the operation, the implant could no longer be found in the woman's body, the court said.

    The parents, who had known each other six months at the time of the conception, were no longer together, the court said.

    The father will also be compensated for the maintenance he is paying for the child.

    What an incredibly misleading title.

    As to the real topic, don't see the big problem with this ruling. The client was trying to be responsible and practice safe sex by having the patch inserted. If the doctor was negligent, and the result of that negligence was an unwanted child, why shouldn't the doctor be held responsible?

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  12. #12
    Thread killer Member Rodion Romanovich's Avatar
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    Default Re: Doctor has to pay for unwanted baby

    Quote Originally Posted by Tiberius
    Hope you don't mind me stealing your layout, Lemur.

    Anyway, an interesting article. Quite a controversial ruling... a doctor failed an abortion and now has to pay for support for the unwanted child until it (sex unspecified) is 18.

    http://news.bbc.co.uk/2/hi/europe/6155200.stm

    Spoiler Alert, click show to read: 
    Doctor to pay for unwanted baby

    A doctor who carried out a failed contraceptive operation has been ordered by a German court to pay financial support for the child.
    The gynaecologist had inserted a patch into the patient's arm, but it failed to prevent pregnancy six months later.

    The woman, who had recently qualified as a teacher, had to give up her new job to care for her child.

    The highest judicial court has ruled the doctor must pay 600 euros (£400) a month until the child reaches 18.

    German gynaecologists now fear a flood of lawsuits, says the BBC's Steve Rosenberg in Berlin.

    The decision in Karlsruhe, made on Tuesday, has met with disapproval in the German press.

    The conservative Die Welt said the whole idea of damages being paid for the birth of a child was "perverse": "In addition to the highly private inkling that he was not wanted by his parents, he now has official confirmation that he was born by mistake," it said.

    The device is meant to protect against pregnancy for up to three years, but six months after the operation, the implant could no longer be found in the woman's body, the court said.

    The parents, who had known each other six months at the time of the conception, were no longer together, the court said.

    The father will also be compensated for the maintenance he is paying for the child.

    The kind of court ruling that, if I was the victim of it, would make me want to kill. Absolutely outrageous - a man has some "fun" with a woman, he is careless enough to forget condoms and similar, neither the woman or he checks that the contraceptives work but and don't arrive at the doctor for abortion while it's still not too late. So the guy is careless and makes faults 3 times or more, he gets all the sex, and not only that but he also isn't blamed and gets plenty of money and a child... If this doctor would make sure that the judge and the quilty man would have some sudden accidents, and I would be witness to these accidents, I would without doubt refuse to testify against the doctor... Too bad the kid would become and orphan
    Last edited by Rodion Romanovich; 11-17-2006 at 20:55.
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  13. #13
    Member Member Del Arroyo's Avatar
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    Default Re: Doctor has to pay for unwanted baby

    WTF, if she didn't want the child, she should have given it up for adoption. If she wants to keep it, the price of that decision is paying for its support. I could see some justice in compensation for 9 months of pregnancy and hospital costs for delivery... but a child is a child.

    Pregnancy and birth are natural, positive results of sex. Contraception is unnatural. If contraception works that's great, but if nature takes it course, that's good too.

  14. #14
    Darkside Medic Senior Member rory_20_uk's Avatar
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    Default Re: Doctor has to pay for unwanted baby

    So, doctor gets massive "fine" for what was probably an accidental failing of the product he inserted.

    Child lives life knowing that he was so unwanted by his parents that someone else needs to shell out money for Mum.

    I am going to be a GP. If that was a UK case, I'd referr every patient elsewhere for anything remotely like that, as I'd not want that bad press on my practice.

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