Doctor has to pay for unwanted baby

[Avicenna]

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.

[Ser Clegane]

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

[Goofball]

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?

*hides behind sandbag wall and waits for rory to open fire*

[BDC]

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.

[Adrian II]

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!

[Mithrandir]

Fixed your little spelling mistake in the Title Tib.

As for the article :

Ridiculous!

[BDC]

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.

[Goofball]

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...

[BDC]

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.

[ELITEofWARMANGINGERYBREADMEN88]

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..

[Adrian II]

As for the article :

Ridiculous!

Broke the camel's back, did it?




Looks for Gregoshi...

[Andres]

Maybe from now on doctors should refuse to prescribe contraceptives or to give any treatment meant to avoid pregnancy.

With the exception of castration/complete removal of the uterus...



The only ones who are really happy with such stupidity are lawyers...

[drone]

No non-permanent form of contraceptive is 100%, so it seems a bit silly.

Does the doctor get visitation rights?

[Andres]

Does the doctor get visitation rights?

For a humble fee of 50.000 € I'm willing to sue the mother for him

[ZombieFriedNuts]

If she didn’t want the baby why didn’t she have it adopted?

[Spetulhu]

IIRC that law's been in force for about 25 years. Hardly news at this point. And an abortion requires that you jump through a few hoops in Germany. Mandatory counseling etc.

[KukriKhan]

BBC article: "... 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.

That bit is a little unclear to me. The bio Dad is paying child support, but will be given money from - the Doctor, the State, who?

So all that remains is to sue the contraceptive-making company for a faulty product. All three principles (Mom, Dad & Dr.) (oh, and in 18 years, the grownup child) seem to have "standing" for that.

And why does Mom lose her teaching job? And, is that forever? Germany has no working mothers?

[Kralizec]

Some financial compensation seems perfectly just. 600 euro till the kid is 18 seems over the top, though.

No matter how you turn it, if you're a single mother it will be difficult to manage a teachers job and raise a kid at the same time especially in his/her younger ages.

[Rodion Romanovich]

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

[Del Arroyo]

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.

[rory_20_uk]

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.

[MSB]

If she didn’t want the baby why didn’t she have it adopted?

[Tuuvi]

No matter how you turn it, if you're a single mother it will be difficult to manage a teachers job and raise a kid at the same time especially in his/her younger ages.

People do that all the time in the US

[ELITEofWARMANGINGERYBREADMEN88]

If she didn’t want the baby why didn’t she have it adopted?

very much argeed m8. People today makes no sense anymore

[Marshal Murat]

Or maybe, the mother shouldn't have had SEX at all!!
What a revolutionary idea! It prevents pregnancies 100% (save for divine intervention) of the time!
Maybe it's the mothers responsibility for having intercourse and knowing that you can get pregnant when you do so. So it's more her fault. If she, and follow me here, didn't have intercouse, then, in the ideal case, she wouldn't have had the child, and she could be teaching.

[lars573]

And why does Mom lose her teaching job? And, is that forever? Germany has no working mothers?

Because in Germany (like Japan) a woman has a choice career or babies, not both. It's a cultural thing. A woman with kids is expected not to work. In fact a working mother is called a "raven mother" (I don't remember the German work for raven ), this a deragatory term BTW. It means a woman with kids who works (or tries to have a career) she's a bad mother. I read an articel about this in the globe and mail a few months back. To try and change this attitude the current chancellor, Angela Merkel, appointed a working mother of 9 as minister of Family Affairs, Senior Citizens, Women and Youth. Ursula von der Leyen, and told her to set up the kind of support for working mothers tha exists in other western nations.

[Ser Clegane]

AFAIK the mother was planning to take a job in Switzerland - so any issues around being a working mom in Germany are probably not relevant in this case.

[Uesugi Kenshin]

Are there really such issues with a woman working and being a mother in Germany now? I haven't seen any of that so far, but I also wouldn't be too suprised if the mothers I know had taken some time off from their jobs to raise their kids a bit.

[Sigurd]

And why does Mom lose her teaching job? And, is that forever? Germany has no working mothers?

I always thought that Kindergarten was a german word.

[Kralizec]

Because in Germany (like Japan) a woman has a choice career or babies, not both.

While it's basicly the same problem it is not nearly as bad as in Japan. Japans worker culture loathes those who don't work 12 hours each day of the week and part-time work is almost non existent.