A baby was born who lived for only five hours. The death was caused by polycystic kidney disease, a fatal hereditary disease. This disease was caused by the same parents and there is a high probability passing on the kidney disease to the future baby. After the birth of the baby, the parents immediately sought out medical counseling of the doctors if there will be risk to another baby born to them to be afflicted with the kidney disease.
A New York Injury Lawyer said the parents are now suing the doctor for wanton and gross disregard of medical fact. According to them, the doctors gave them medically inaccurate advice that the chances of the future baby with the kidney disease were “practically nil” and that the disease is not hereditary, when in fact it was hereditary. The parents, in deciding whether to have another child, relied on the advice of the doctors since they have superior knowledge and expert in the medical field in. If only they were given accurate medical advice, they would have chosen not to have another baby. However, they in fact relied on the assurance of the doctors that it would be safe for the wife to have another child and became again pregnant and have another baby. The same doctors delivered the baby, which was also born with polycystic kidney disease. The baby lived for only two and one-half years before succumbing to this fatal disease.
The action filed by the parents is based on the so-called “wrongful life” and for the medical expenses, emotional distress and loss of service, in medical malpracticeand fraud, and the negligence and failure of the doctors to properly inform, advise and warn the parents of the risks attendant upon a future pregnancy. According to them, it is the duty of the doctors, with their medical knowledge to have an understanding of the circumstances and should have given them accurate medical-genetic advice. The doctors knew or should have known that the parents have a genuine cause to be concerned and that they would rely on the superior medical knowledge and advice of them. The incorrect advice, lead directly to the birth of another baby with the exact genetic disease. This was believed to be the proximate cause of the injury to the parents and suffering to the needless birth of the genetically deformed child.
The issue in this case is whether the conduct of the doctors, wrongful to the parents, is a wrong which is cognizable at law.
The court ruled to dismiss the case. The court will not impose upon all obstetricians the duty of becoming forced genetic counselors. An NYC Personal Injury Lawyer said that based on jurisprudence, it would make the physician a virtual insurer of the genetic health of newborns and the disease are merely fortuitous events. The court decided that no such duty existed between the doctors and the patient is unilaterally seeking to expand the nature of the medical duty of the doctor clearly it is an intolerable burden upon the doctors.
Since the mother was the patient of the doctors, to take genealogical history of the non-father would be an intolerable burden. Without studying the genealogical history of the father, the doctors could not reach to any conclusions with respect to the future children of the parents.
The court ruled that the cause of action by the parents would require the extension of traditional tort concepts beyond manageable bounds, damages for the pain and suffering, medical expenses incurred on behalf of the child during her life, should all be dismissed. An NY Personal Injury Lawyer said the court based its decision on the fact that the parents seek damages solely because of the existence of life or wrongful life, rather than no life at all. Such suits are not cognizable at law and have not favor with the courts.
Stephen Bilkis and Associates with its skilled lawyers can help you fight for your rights that exist in physician-patient relationship. When injury or disease results at the birth of our child, we can seek justice and compensation for injuries caused by another’s negligence.