A $2.9 million payout for the "wrongful birth" of their little girl is sure to land Ariel and Deborah Levy right in the middle of the hottest parenting debates of all time. But the argument over abortion and the Oregon couple's right to know that their child had Down syndrome that will play out in the press over the next few weeks shouldn't overshadow the giant heads up this lawsuit has given every pregnant woman or would-be parent in America. Do you know what your doctor is up to?
Because the Levys didn't. They trusted Legacy Health System ... the way so many of us blindly trust that the people in the white coats care as much about the well being of our growing bellies as we do. And this was not some case of a test that may or may not have been 100 percent accurate failing to show fetal abnormalities.
The jury's decision to give the couple such a substantial sum came after court documents showed as much as five major mistakes, from Deborah's doctor taking an incorrect tissue sample to the lab screwing up analysis.
That means we can shelve the abortion debate right now folks. This is really about malpractice allegations. It's about being a pregnant woman who depends on health care workers doing their jobs right to plan for the future: whatever that future entails.
I don't know what I would do if I were pregnant and a test showed a fetal abnormality. I am blessed enough to never have been put in that position. But either way, a big part of pregnancy is preparation. We get ready for the baby. We set aside money and line up caregivers. We try to do what's going to be best for our family, best for the little person growing inside of us.
Can you imagine sticking with a doctor if you knew flat out that they were just phoning it in? That they really didn't care whether you knew everything about what was going on with your body or not? Me neither. I was one of those voracious readers during pregnancy, and I peppered my OB/GYN with questions. I wanted to know EVERYTHING because I wanted to be ready.
When a doctor isn't making sure they're doing everything they can to give parents critical information -- whether it's something that would have guided parents like the Levys to abort or the diagnosis of a heart condition that enabled my friend Nicole to have in utero surgery to save her son -- they can't prepare. No preparation means everyone suffers.
Even the Levys -- who have two older sons -- say they love and adore their little girl now that she's here, but the money from their lawsuit is going to be used to pay for her care. That's a pretty big deal, especially for parents of special needs kids who often encounter substantial medical bills in addition to the worry of providing for their kids even after they're gone, because the children won't be able to provide for themselves.
Finding a good caregiver during your pregnancy means finding someone who will tell you everything you need to know. EVERYTHING. What you do after that is up to you -- it's your body, your choice. But a good practitioner is the one who makes sure you can make that choice.
What kind of research have you done into your doctor or midwife to make sure they're the right fit?
Image via tofslie/Flickr
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Comments 84
Has anyone read the book Jodi Picoult wrote dealing with a wrongful birth lawsuit? Handle With Care. It was pretty interesting. The child in that story had brittle bones, not downs, but still it was interesting.
This is about medical malpractice -- there could have been larger problems with the girl that would have been missed because of five major mistakes made by the doctor. Then this article could have been about a 'wrongful death' suit, in which the girl could have been saved in utero had the doctor been more competent.
This appears to be a case of the right side of the aisle reframing the argument, much like we accuse the left of doing. This case was never about abortion. Yes, abortion was an option open to this family, and one they MAY have seriously considered, had they known all of the facts. But we do not know if, when they got right down to it, that they would for sure have aborted this child.
That said, I had to go looking for a better source than the one cited. That "Newser" site is beyond pathetic, and they admit to simply summarizing stories from other sites. When I read the following (from OregonLive.com), I realized that this was, for sure, about nothing more than medical malpractice. This refers to occurrances AFTER the CVS came back normal:
"Although in the following weeks two ultrasounds showed abnormalities that sometimes indicate Down syndrome, the Levys testified they were assured that their daughter would not have the chromosomal abnormality. Legacy staff did not advise them to get an amniocentesis, which is another prenatal test that detects Down syndrome."
And I agree that "wrongful birth" is an appalling thing to call this case. Fetal Testing Malpractice would be much more concise.
PonyChaser, abortion was not "an option... they MAY have seriously considered". They make very clear in their suit that they would in fact have aborted their daughter if they had been told she would have Down's Syndrome. You may find evidence of this here, here, and here. (Oddly enough, two of those articles are from the very same site you cite.) Why on earth is it the medical provider's responsibility to financially provide for this child? Further, why is human imperfection considered malpractice? Intentional or reckless negligence, or some other form of gross misconduct, sure, but imperfection? Again, these cases are why the OB/GYN speciality is losing practicing physicians in droves.
Florida - one can say that they will abort all day long, but until they are face-to-face with that decision, they cannot say for sure. I know people who said that they would abort, absolutely, but then were faced with it, and opted not to do it. So I stand by that statement. I also stand by my opinion that this is not a case about abortion, but some people are making it so.
Second, it may not be the medical provider's responsibility to pay for this child's upbringing, but that is currently the punishment that our system relies upon - financial compensation for wrongdoing. Until a different option appears, that's what we have.
"Human imperfection" is NOT considered malpractice. But the repeated negligence on the part of the doctor and the staff of both the medical clinic and the lab ARE malpractice. The doctor messed up the collection of samples for the original test. And although two ultrasounds showed abnormalities, indicating Down Syndrome, amniocentesis to determine the baby's condition were not recommended. In fact, they seem to have been advised against, with the staff saying that the baby would not have the chromosomal abnormality. THAT is malpractice, not the baby herself.
Continued...
I disagree that cases like this are why OB/GYN Profession is losing physicians. I don't argue that the profession is suffering, but wouldn't you agree that having doctors who get away with malpractice is a problem? It's not like the doctor did the tests in good faith - did everything correctly - and then the baby was born with this syndrome. He messed up tests. He saw problems and did not follow up. That is a problem, and I'm glad that it was pursued.
They could have pretended they aborted her, left her at the hospital after her birth and given her to someone who wouldn't consider their lives ruined, as they do. No one told them they had to keep her.
I see people w/Down's Syndrome all the time - working, laughing, living - there are even actors who have the Syndrome. It's not a death sentence! And what kind of "special care" will she need that costs $3 million?