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Parents Sue Hospital for Wrongful Birth of Their Down Syndrome Daughter

by Jeanne Sager on March 12, 2012 at 10:57 AM

pregnantA $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

Filed Under: baby prep, pregnancy health

Comments

84
  • Flore...
    -- Facebook comment from

    Florence Blantz

    March 12, 2012 at 11:11 AM
    I can't imagine the pain of this child when she finds out her parents sued for her "wrongful birth." Most Down syndrome kids are a lot smarter than they are given credit for, and also the majority are very sensitive.
  • Kwiat2
    --

    Kwiat2

    March 12, 2012 at 11:13 AM
    From what I gather they sued not because they hate their daughter, but because taking on a special needs child is very expensive. Apparently it's legal to kill a fetus of you find out it has Down's and I believe 90% do. Whether you agree with that or not is another story altogether. For a family who has to pay their dauhter's medical expenses, I think they had a right to sue because they didn't have that option as they should have, according to law. I don't know if I agree with them, but I don't think they are the monsters everyone is making them of to be.
  • Loref...
    --

    Lorefield

    March 12, 2012 at 11:16 AM

    The fact is, those parents had the RIGHT to know what was going on with their baby and they had the RIGHT to act on that information if they see fit.

    The doctor committed malpractice, whether it was a mistake, or he purposefully withheld their fetus' status from them.

    Wrongful Birth is a harsh term, but if their intentions would have been abortion, then it is technically accurate.


  • Melis...
    --

    Melissa042807

    March 12, 2012 at 11:24 AM

    This is a malpractice suit. Call it what it is. If you throw around terms like "wrongful birth" you're going to make this into an abortion debate, which is what you said you DIDN'T want to do. 


  • Kritika
    --

    Kritika

    March 12, 2012 at 11:25 AM

    What a disturbing story. I feel bad the parents had to be surprised by this but it also saddens me that they would have terminated. They should have known and the rest is their business.


  • Kritika
    --

    Kritika

    March 12, 2012 at 11:25 AM

    ^ yeah, from the title I gathered they would not have continued the pregnancy...


  • purpl...
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    purple_creeper

    March 12, 2012 at 11:31 AM
    This is just sad. . .Basically saying that they would have aborted their now alive babygirl. And please we all know that money wont just go to medical bills
  • Liviann
    --

    Liviann

    March 12, 2012 at 11:39 AM

    Even more scary is a bill in Arizona that has been introduced. It would protect doctors from malpractice lawsuits if they knowingly withhold information from pregnant women if the doc thinks that info might lead the woman to choose abortion. 


  • Prett...
    --

    PrettyGirlMyers

    March 12, 2012 at 11:44 AM

    I could understand suing the doctor for malpractice, because they clearly have a case; but I think it's heartless that they are calling this a "wrongful birth' case. That poor little girl is going to grow up and learn that and be heartbroke. People with down syndrome are so much smarter than they are given credit for.


  • Darci
    -- Nonmember comment from

    Darci

    March 12, 2012 at 12:01 PM
    Please try to keep in mind that children are people first...not a diagnosis first. When you write about a "Down Syndrome baby" or "special needs child", you are not showing respect for that child. You would not write about a "cancer woman" or "diabetes man". When writing about children with special needs, please keep this in mind. For instance, one would write about a "baby with Down Syndrome" or about "children with special needs". Thank you in advance for using people-first language in your future writing.
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