Is there a duty of care for wrongful birth?
544109
Some bad assumptions here.  There is no such thing as a wrongful birth, at least by what is implied in the sub statement.  Any birth results in a child unable to care for itself.  The duty is of the parents to provide for it. If the state determines the parents are irresponsible, then the state assumes the duty.  Otherwise, the parents may try to get another to assume the duty of raising the child through adoption.  But, regardless of the law, the logical connection between the act of reproduction and a birth leads directing to the duty of seeing the child is cared for. \n\nPlaying philosophical games with child care responsibility leaves some adults confused on what is right and wrong and thus results in unnecessary problems for children and society.
1032892
No one is above the law. This is America. You can sue anyone if someone breaches his duty of care. You can take the doctor to court of justice if, what he had done is something so un usual that another practicing doctor on the same standard will not do. The doctrine of Medical Negligent is wide. The test is laid down in Bolam's case. You need to consult a lawyer who has experience is Medical Negligence suit.\n\nGood Luck to you
1132341
If your having a baby you have just step into the grow-up world and let me tell you something that child needs both parents. \n\nThat baby did not ask to come into the world but this is happen, so therefore the responsibility is you both give that baby the best life possible no matter what people think.
212885
That would be a medical malpractice lawyer.  Check the phone book or call the local bar association.
188241
I'm not sure if this will justify it but here is something that happened to me.  I had been sleeping when I was awakened by the sound of a car horn. Once awake, I suddenly felt the need to go visit my Friend's sister who was living with her boyfriend, and was very pregnant.  I had never visited her before, in fact, I barely knew her. I had only been to her house to drop off a package from her mother once.\n I arrived at her appartment was invited in, informed she was in labour, and that she was planning to have the baby at home. I had experience with child birth having assisted in two deliveries prior to this event. I asked if I could feel her stomach, and realized that the child was in the wrong position to be born.  Not wanting to panic either the boyfriend or my friend's sister, I convinced them it would be better to use the birthing room at the hospital so as to avoid the cleanup after a delivery.  They had no car, so I drove them to the hospital. She was signed in, and delivered 15 minutes later a full breech. Had she not been in the hospital, both her and the baby would have died.  I left the hospital and never saw that family again.  Was it God directing me that night? I really don't know, but I have no rational explanation for why I went to visit her that night.
209231
you should check with the BBB or the medical malpractice section of your local courthouse.  (probably their records department)
557496
Darn. I don't know about Canadian Law. I hope you have also posted this question in the Canadian version of Yahoo! Answers.\n\nGood luck in this, your heart must be breaking. It may not seem like much to you, but I will pray for you and your child.
908644
Of course. The sons formed a contract with the hospital - there's no requirement that a contract provide services directly to one of the parties to the agreement.\n\nThat the contract was verbal (if it was) does not alter the situation, unless the state in which this took place has a very unusual Statute of Frauds.
551712
If I understand you, you are saying that someone was carry a baby for another woman, however the women did not want the baby should she miscarry.  Morally no she should not abort the baby, however some miscarriages happen naturally.
112993
I hope someone with real legal expertise will give an answer to this. \n\nMy understanding from news articles is that often such a person is charged with assaulting two people -- and that just starts more arguments in court about when life begins!\n\n(edit)\nOnce you stated Michigan I was able to do some searching. It took some work. \n\nHere's one of the things I found posted on the National Right to Life website:\n\n"Michigan:  The killing of an "unborn quick child" is manslaughter under Mich. Stat. Ann. § 28.555. The Supreme Court of Michigan interpreted this statute to apply to only those unborn children who are viable. Larkin v. Cahalan, 208 N.W.2d 176 (Mich. 1973). However, a separate Michigan law, effective Jan. 1, 1999, provides felony penalties for actions that intentionally, or in wanton or willful disregard for consequences, cause a "miscarriage or stillbirth," or cause "aggravated physical injury to an embryo or fetus."(M.C.L. 750.90a through 750.90f)"\n\nSearch for yourself in Yahoo or Google using the search terms "Michigan Fetal Protection Act" (without the quotes) and you will find more citations.
134931
I think that if the mother or child are in a life threatening situation and the stress of hearing that her husband was in a bad car accident could cause her or her childs life: then I say LIE, LIE, LIE. What could she do for him if she were in labor besides pray for him? If her and her baby were fine and the doctor deems that she could withstand this disstressing news, then he should tell her!!! It just depends on the situation and you would not believe how often women and her unborn child stand on the brink of life and death during labor and would you want to be the one to push her to the other side? Or her child for that matter?-
922197
if your exwife cheated on you during the marriage and conceived a child in many states you are still responsible for that child. many states(almost all) consider any child born during the marriage to be that of the marriage.  I see numerous cases a day where men are forced to pay child support for a child that is not his.  it is messed up but that is done everday. unfortunately you cannot sue her 4  trauma or bad dreams because those are not compensatory.  if she had a child previously to you getting married to her than the only way you would be responsible for child support is if you adopted that child.  you can repetition the court and have her ordered to find the real father-but chances are in the mean while you will have to pay and then recoup those monies from the real father in a civil suit. good luck
1044897
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could forseeably harm others. For an action in negligence, there must be an identified duty of care in law...
482910
for! its easy to answer what you would or would not do when you haven't been in the situation. just because a woman's life may not be in danger before the birth, there are so many other circumstances that may prevent her from being the best mother she could be. even though her life may not be in danger before the birth, if she has the baby, for example, she could be rejected by others around her and put in a situation where both her and the child are in danger.
862637
Any health-care provider can be charged with negligence if they attempt to perform anything that is outside of their scope of care, or perform anything in their scope of care in a careless or improper manner that can or does result in further harm to the patient.  I will give you an example below...\n\nI am a licensed paramedic.  If I come upon the scene of an accident and the mechanism of injury gives me or any other reasonable paramedic cause to believe that the patient could have suffered head, spine or neck trauma, I should take precautions to immobilize the back and neck before moving that patient.  Now if I just pull that patient out of the car without applying a C-collar and get them to walk to the ambulance or rescue truck, I can be charged with negligence because I was negligent in the care of that patient.\n\nDoes that help?\n\nI am sorry, I just re-read your question and you actually asked what it was called...  It is called "Medical Negligence" and that is how law suits are filed.  Now there are standards of care and scope of practice the help determine if a provider is or was negligent, but the law is as stated above...I was confused, sorry...
13612
I am not aware of any legalities that you have to concern yourself with while the parents are alive.  Being a godparent is typically an honor bestowed upon an individual or couple, with the expectation of taking care of the children should both parents become incapacitated or deceased (indicated in their Last Will & Testaments).  As to specific duties, it is best to talk to the parent asking you to be a godparent, as everyone has different expectations.  Catholic Clergy also might be able to help with this.
575316
Its not so much wrong or right for me as in pure desire to have the baby my husband and I created.  Not the baby my husband and I and the doctor and the lab tech and the nurses created.  As a christian I want the baby God gives me, imperfections and all.  As a human I want the baby that we created with our own genes.  I will love that child no matter what.  Of course I want a healthy child, but people have been dealing with that risk since the dawn of time.  I can deal with it too.