If they felt that strongly about not having a child there were other options available to them. What a shame that their child will have to grow up knowing he wasn't wanted, except for the price tag they put on his head.
The article indicates a Cesarean delivery. This is usually done due to complications. It is possible that the vasectomy was due to health problems associated with the mother's inability to give proper birth without a danger to herself and child.
I do not believe the whole story is reported here.
You are correct Steve. They only implied but failed to adequately describe the two parents as "gold-diggers". Your hypothesis that Cesarean deliveries are because of a pre-existing known reason for not having children is absurd. These type of deliveries are done all to commonly now at the drop of a hat. This couple should have had an abortion or gave the child up for adoption if they are that upset about his existence. Where they new to the idea that almost nothing is 100% effective.
If a couple takes the precaution of a vasectomy; the doctor tells them the procedure was successful, why would they think they needed to take other precautions? Blaming the parents here is really stretching.
The doctor is very much liable for the pregnancy. If he had done the job right, or informed the couple that the job was unsuccessful they may have known to take other precautions. It is the fiduciary responsibility of the physician to properly inform the patient of the success or failure of the procedure. There should have been a follow up test to see if the procedure was, in fact, successful, was that test performed? We dont know that from this article.
A child is not cheap, and one that was not planned can cost even more and one born by cesarean is even more costly. Just because they didnt plan for the child does not mean it will be raised as an unwanted child and need therapy. I had 2 unplanned children, but still raised and love them both; unplanned and unwanted are completely different.
Vasectomies are not always 100% successful. The tubes can actually repair themselves (even after several years), so there is always a chance of a surprise pregnancy after a vasectomy. This procedure is not 100% effective (no birth control is really), so this isn't the doctor's fault. He could have done the procedure perfectly, and this could still happen.
And we wonder why doctors won't perform certain procedures or do lots of testing "just in case"?! Lawsuit-happy America! We will never have affordable healthcare when people want to sue doctors for everything. The man in question didn't die in surgery or anything horrible like that; the parents simply ended up with a healthy child they didn't plan on--and this is supposed to be a tragedy? If you absolutely, positively, never ever want to conceive, then there is only way way to ensure that (hint: it's not birth control).
re: Saddened, why? Most likely the kid will never see the vasectomist.
FYI: Old news; this type of suit has happened before... Maybe MSNBC just heard of it so it was "news" to their staff. This was case study in law school in the last century.
Did you people not read where it said the doctor new of complications but did not inform the patient? If the guy knew they would have known to take other precautions. I am still seeing the doctor at fault for not giving the patient all the information he needed.
He got sterilized, what other options were they supposed to consider? Also, if they didn't want the child primarily for financial reasons, this takes care of it. I was told by the doctor when I got my tubes tied that if I got pregnant after that I could sue him for the cost of having & raising the child (apparently based on the Dr's income using the same formula as paying child support). Personally, if it were me, I would have been thrilled for that to happen, but I'm not looking for it. While I don't want more kids, that would eliminate one of the main reasons.
I signed a statement that says "I understand that I MAY become sterile" as a result of this procedure. I would guess that all guys undergoing this procedure sign something of the sort.
My doc cut, folded back, and then tied the vas tubes but there was no guarantee by anyone and I had to have understood that.
The article is obviously missing details. After that surgery, which no doctor guarantees, the guy is told to provide a sample a few weeks and/or months later to determine that it has worked. No mention? Why? Also, there is an easy solution to the money problem, give up the kid for adoption. If they are unwilling to do that, then the value of keeping the kid obviously exceeds the expense, so they should thank the doctor for botching it, if that is what happened.
Unless things have changed since my nursing days, you sign a consent for any procedure, that says it may not work. As someone said above, even a perfect procedure is no guarantee. If the guy did not get his follow-up semen counts, he needs to just STFU. I was told very plainly that my tubal may fail, and I accepted that. I'm sure this pointless lawsuit has more to do with opportunity than distress.
Chances are when he signed the consent form that it stated that there was a small chance the vasectomy would not work and sperm may still get through. What a moron. No wonder the American litigation lawyers are so happy!
Yet another botched procedure from an industry that is the number 1 killer in the world.
GO BIG PHARMA!!!
To the parents of the unwanted child: YOU WERE SUPPOSED TO GO BACK IN AFTER 3 WEEKS AND CUM IN A CUP TO MAKE SURE YOU ARE SHOOTING BLANKS. If you didn't, you're SOL!!
Like what? Abort? I think most people would agree that once your partner has a vasectomy you think you've done your part to control the pet population. Are you suggesting that after his procedure they should have continued to use birth control??? If that's the case you're an idiot! I really would love to know what other options you're talking about? Maybe give birth to the child and give it up for adoption???? Oh, that's much better than suing the doctor for failing to properly perform the procedure/ disclose the possibility that it wasn't successful...
Many things go into a decision like tubual ligation or vasectomy but I’m sure that the for most couples the financial considerations are right at the top of the list… I know I have enough love to raise more children but unfortunately I don’t have the financial resources. Not if I want to give them everything I know they should have, like an education. Maybe this is the case with this couple. I would wager that they probably already have children and are trying their best to do right by them. Provide for them. Adding another child is probably going to put a strain on this family that they’re may not have been prepared for…
They tell you when you decide to get the vasectomy that it's not very productive. It's more productive in having the woman get a tubul ligation, but even then it's still not 100 percent. I've had a tubul ligation, but i also use back up contraceptives. After all the only safe sex is no sex. I don't think it was right for these people to sue the doctor. You know the risks before you get the surgery that is why they make you sign a release form. These kinds of things is what makes health care so expensive in these states. Every time a doctor gets sued for doing there job there price has to go up to cover the cost.
Well, i've had a friend get pregnant with twins after she's had a tubil. I've had 3 pregnancys, my first was stillborn at 24 weeks, my second was born at 27 weeks and had to stay in the nicu for the first 4 months of his life, and with my 3rd i went into labor at 25 weeks, was able to slow the labor, but after 10 weeks in labor in the hospital i finally had him only 5 weeks early. They don't know why but my body rejects the labor around that time. After that we decided that it would be best for anyone not to have to go through all of it again, so i got a tubel. But i want to be sure that i dont get pregnant again so i use other precautions. But if i were to get pregnant again i would be very happy about it. I always say if it happens then it's meant to be. My sister also got pregnant after her husband had a v-sec. Some people are just fertile i guess.
wickendoll; you are correct; the medical malpractice board will dismiss this case; there has been many cases such as this, I do not know of anyone having won a malpractice judgement from this procedure !
To all those that are thinking that a tubal or vasectomy are 100% effective you obviously have not discussed these options with your own doctor lol. And yet you are all going to sit here and argue about how you don't have to worry about baby making any longer. Well you are WRONG!!!! They aren't 100%.
And just out of curiosity..... How do we know that the doctor didn't tell the patient that there were complications with the procedure???? Oh that's right WE DON'T!
Apparently the patient's contention that he was not fully informed of his situation is supported by the lack of documentation in the the doc's records.
If they were so determined not to have another child, why did only one parent get tied up? Why didn't both of them do it?
As someone else commented and I will repeat, this kind of stupid garbage is the reason why medicine and Dr. visits and anything else health related costs so much in the US. A Dr., who is human and prone to err, makes a mistake and out come the sleaze bag ambulance chasing lawyers to convince everyone that they should sue. I mean why on earth would anyone take responsibility for having some understanding of the possible complications that may arise from a medical procedure or anything else for that matter.
Sparky, in this case, the doc knew of the complications and did not tell the patient; thus, it is the doctor who needs to take responsibility for his actions. Do you expect a patient to read a doctor's mind?
My husband had a vasectomy and was told to come back for follow up to make everything was working (or not working) properly. If the man went back and was given the all clear then they might have a case for "damages".Also, it was the mother's choice to carry and give birth to this child, which I applaud, so put on your big boy & girl pants and act like parents!
The doctor must be made responsible by having to take the child and raise it himself ... if he is going to pay for it's upbringing and education, then he should also put a roof over the child's HEAD AND and food in his tummy. I am sure the birth parents cant mind since they are suing for WRONGFUL BIRTH OF A LIVE HUMAN CHILD, which in of itself is a crime against the psychological well being of this child.
The birth parents made their decision NOT to have anymore kids, hence the vasectomy. Take that kid away from them and place him in the guardiaship of the doctor until he reaches legal age.
Dont like my suggestions or ideas? Well hell, it makes as much sense as making the dr pay child support for 18 yrs.
Choices were made every step of the way by the parents ... including the choice to have the baby. Either they want their child or they dont. Anthing less than total, unconditional love is UNACCEPTABLE and dangerous to this child's emotional and physical well being as an adult.
I had the Essure procedure done after the birth of my 4th child. I went back for the hysterosalpingogram 3 months later, and was declared to have passed with flying colors. But a year later, I got pregnant again anyway....at the generally-less-than-fertile age of 37. I lost that one (blighted ovum, not that this minimized my pregnancy symptoms, even for weeks after the miscarriage) and had my fallopian tubes removed afterward with great prejudice and a medical-grade soldering iron. Since then, luck favors me. Also, age is on my side now. At 44, pregnancy is even less likely, even for a fertile myrtle like me.
However, sperm and eggs are microscopic, and biology wants you to reproduce. You can't even trust "sterilization" procedures. Even if you pass the test that says you're "safe". Biology wants you to reproduce. It doesn't know anything about bills, and insurance, and careers, and inconvenience.
The only question then is, do you kill it because you've "done all you can do to prove you don't want a kid" or do you grin sheepishly - or grit your teeth - and let the kid who is determined to be born, be born?
I had my tubes tied after my second child. We really don't want more. But should another one be conceived we would certainly love it just as much as the two we already have. As one poster said previously, poor kid will need counseling now that it nows how much it is 'wanted'.
The whole story is not reported. I am curious as to any warranties made. I would think the patient would be told it is either 100% effective or that it is not 100% effective. That is the key to winning this lawsuit.
The kid is not going to need psychological assistance. NO ONE said the parents did not love the child and frankly you can not imagine that they do not love their kid.
If you have kids (and I don't) you know how much it costs to raise them. They paid this doctor to make it so that they do not have kids. The plaintiffs believe the doctor was negligent.
I would do the same thing because it's worth a shot. Kids are very expensive.
They DID NOT give the kid up for adoption. That should tell you something.
KCE/NC, yes, you continue to use contraception after a vasectomy or a tubal ligation. You do so because either can spontaneously reverse.
Inthe case of a vasectomy, you must understand that the sperm that were "in the pipeline" are still there. A simple sperm count taken at the right time after the surgery can show whether or not they have cleared. Repeated sperm counts through the years will show whether or not spontaneous reattachment has occured.
A tubal ligation is major surgery, which makes it a much more difficult procedure than a vasectomy. Again, it can spontaneously reverse itself. But the test to see of that has happened or not is more complex than a sperm count. It's also painful, as pain in specific locations in the body in response to the test is the diagnostic indicator of reattachment.
OF course, when you don't have these checked as per your doctor's instructions, you can end up with yet another result that tells you that your surgery has failed or that you've experienced a spontaneous reattachment - pregnancy. That's what happened here.
This lawsuit is wrong. It's based on a poor understanding of basic anatomy and biology and it's been launched by parents who couldn't be bothered to take responsibility to prevent said pregnancy. Even then, though, there were and are responsible choices that can be made, choices that don't include lawsuits.
These "parents" are suing over their own lack of responsibility in their health care. This so-called case will be thrown out of court, and rightly so. Hopefully, the parents and others will learn something when that happens.
There are two types of vasectomy. the simple one is just a spin and tie both ends - this is generally repairable thru surgery or possibly self repairing.
The second type is done with two snips approximately a half inch apart with the ends tied off - this type cannot self repair and is not surgically repairable.
When I had mine done forty years ago, the doctor gave me the choice of the two options and I told him to cut as if he would be raising any future children that I might father - he did option number two and I've had no worries about being close ever since.
Reason for option number two, my wife is a type O Negative and her other children had sensitized her against RH positive fetuses and would spontaneously abort at about six weeks - not an acceptable way to live and dangerous to her health.
with type two vasectomy, once the "swimmers" are cleared, there is no chance of a pregnancy unless you have help!
We had next door neighbors a few years back.He was an Air Force Pilot and was TDY often. They had four kids already so Hubby had his pipes clipped as it was an easier with less down time then her getting a tubal or hysterectomy, especially with 4 kids at home.
They "got busy" before the Doctor had verified his pipes were indeed broken and he was "shooting blanks" . About 11 months after the proceedue their fifth child arrived. Later when people would comment on how calm she was with five kids ranging from 14 years old to 4 months old. She would give them a sort of twisted, off kilter, grin and reply "I'm not calm...I'm NUMB!"
When i decided to finally get out of the "genepoo;" I had an at length discussion of how the proceedure was preformed and what options were available.
What i ended up finally getting was acombination of methods.
first a section was removed , spreading the distance between the but, then each end was cauterized shut, and finally the tube was bent over and literally tied off, sorta like kinking a garden hose. and them tied off to incread the distance between the ends as much as possable so they COULDNT grow together again. seems to have worked for over 20 yrs now.
The usual procedure to make sure the vasectomy took is to doa sperm count. So, get over it. A Catholic hospital would not let a patient get a sperm test after the procedure because their view on sex for fun instead of making babies.
I've heard a story about how the husband got a vasectomy and wife got her tubes tied but the child still made it's way through (which they considered the child to be a miracle). It's sad that the parents are approaching it this way.
I thought the same too. Besides, the literature clearly states the in extremely rare cases, the body will repair the pipeline and blanks no more. I had some friends end up with a surprise like this. He thought she had cheated, but turns out, nope, pipeline fixed itself.
That's what I was thinking, too. Although my ex brother-in-law actually had one side spontaneously grow back together and he and his second wife had a baby girl.
Still, it is the parent's decision to have and raise the child after they found out. It isn't the doctor's fault that they chose that path.
If he had a successful follow-up sperm count that, would prove the surgery was performed correctly. If he later became fertile again it would indicate the body had repaired itself and reversed the vasectomy, also not the doctor's fault.
The point of the suit is that the doc did not inform the patient of his greater than normal risk the procedure would not be effective. Neither one of us knows if the man made the follow up visit or not; but, Robert, wouldn't you strongly suspect that if the doc told him of his strong possibility of a less than optimal outcome, he would have been darn certain to have not one but continuing follow-up sperm counts and/or to also use other forms of birth control. The problem lies with the doc not fully informing his patient of his situation.
The problem lies with the doc not fully informing his patient of his situation.
==============================================================
You, OBVIOUSLY, have no knowledge of the medical field. This never happens. Patients don't bother listening, but doctors nowadays KNOW to cover their butts in sue happy America. If MSN bothers to follow up on this story, I'm willing to bet that the doctor produces a sign paper stating that this procedure is not 100% and that there is a chance his body would 'repair' itself, that he didn't bother with a follow up visit to make sure his sperm count was nil OR all of the above.
When are people going to start taking responsibility for THEMSELVES and stop blaming others for everything....????
KDUCK, I did read the story. And again, thank you. The story supports my contention that the doc has some explaining to do. The facts of the case will be sorted out at trial.
Riddle me this...what PROOF do they have the child is the "husbands". Could she have had "a backdoor man" and got caught? If I was the Doctor I would request a DNA test on the child and the husband.
Or she could be like my "Fertile Myrtle" sister - she could get pregnant just looking at a photo of an aroused man. Doesn't seem fair, so many loving people can't HAVE kids no matter how hard they try or how much money they spend. My sister didn't want kids after her first two. Her first born, a boy, she adopted out, Her daughter she kept. Personally I think she should have adopted her daughter out as well. However, that choice was not mine to make. My sister had several abortions because she was one of an incredibly small number of women for whom standard birth control does not work. She finally had a hysterectomy to solve the problem.
There is nothing written on those links that proves (beyond a shadow of a doubt) THEIR point, does it!
And, the doctors side still hasn't shown it's cards yet, have they?....I stand by my post.
When will Americans start taking responsibility for their own actions? NOTHING in life is 100% guaranteed! Send the whole family on a one-way trip someplace else (any where) and stamp their passports "NO RETURN".
What sort of fascist or communist are you? Stamp their passports NO RETURN? For what -- excersing their right to sue in a court of law?
Last I looked it was not a crime to use the legal system to file a lawsuit.
I hope they fire you from your job and then send you off to some far off land never to be allowed to come back to the USA to pollute America with your non-American rubbish.
you know jstacey, usually I defend America to the death but you know, youre right, Americans do have a problem with self responsibility, and thats the fault of the retarded socialist leaning liberals who want nothing more than to feed a nanny state system hell bent on destroying individual profit for individual work.
The couple did take responsibility for their actions. They knew they could not afford more children and contracted for an established medical procedure that is known to leave little chance for pregnancy.
The point is that the doctor knew there was a greater risk than normal of the procedure not being successful and did not tell the couple of that risk.
with the potential of being sued today, you know damn well they were very informed as to the potential risks. if you want to roll in the hay, you know the risks.
sure they have the right to use the legal system. so did the mcdonalds lady who could not hold her coffee. somethings are just plain stupid. people need to take responsibility for their actions. quit your damn bitching and live with it.
Again, they did take responsibility. The doc should have informed them of their greater risk that the procedure would not be successful. And I am not bitching. I really don't care one way or another, so tab, screw off.
Angela, no, I am quite happy actually. Living in reality is a good place to be. Try it sometime. If I were you, I would give living a life based on fact and reason a try as opposed to one of emotion.
You think docs do not have an obligation to inform their patients of surgical complications - I beg to differ. Let's both hope the urologist in question never switches. to say, open heart surgery. Don't you agree?
Allan, Hysterical much? Take your meds and chill out. I bet you tried to sue your own mother because you're a miserable person, right?
I don't even know which side I'm on but man, that was just ridiculously uncalled for. Nothing Allan said was hysterical. If the best argument you have is ad-hominem name calling, wait until you graduate elementary school before you try to post online again.
Allan-467391, a "greater risk than normal? What precisely does that mean and how it is relevant to this or any situation?
This isn't about the extent of the risk. This can't ever be about the extent of the risk, for anything. You my feel that risk of .00001 is acceptable. In act, you may feel that that risk means that you or any other given person has a fantastic chance of success.
WRONG!!! For every person, the outcome is either success or failure. There is no in between, no gray area. For every person, it's a coin flip as to whether or not something will work for them.
These parents accepted the risk, chose to ignore the risk because they though that they would OK, and they lost that bet. That's why they have no business whatsoever suing anyone about this. It's not the doctor's fault that they refused to recognize a risk, refused to understand the anatomy and biology involved.
There is no such thing as a foolproof, as risk free venture of any type.
WRONG!!! For every person, the outcome is either success or failure. There is no in between, no gray area. For every person, it's a coin flip as to whether or not something will work for them.
rpearl, such nonsense. In this case the doctor knew the chances of success were impaired. The man was not a good candidate for the procedure. The patient should have told that. Again, if the patient had been aware that he was not a good candidate for the procedure, he would have at least known it was in his best interest to have frequent & continual sperm counts and/or practiced other means of birth control. Patients have a right to know when their surgery has complications. Let's be glad this urologist is not practicing open heart surgery.
Someone earlier in this thread mentioned how hard it is to believe that any doctor would ever fail to notify their patients of all the risks, given that they know Americans are sue-happy. I'd like to echo that. Doctors know that if they forget to mention the tiniest detail of anything, they can get sued and their careers will be ruined. Why do you think so many hospitals order unneeded tests?
Point is, I don't think the doctor left that out. The patients in question here are trying to make it look that way, but I have no doubt that the papers they signed will have them frowning sheepishly in court.
Lots of loving families out there looking for a baby to adopt. And since it appears that the little boy is healthy, and the C-section went well, I can't see malpractice being a part of anything in this story...
Did you know that a pregnancy can be fine, but if there is a yeast infection or history of herpes they use c-section? There did not have to be an issue.
K-513660, you don't know what you're talking about. There are thousands of women in the US that, for one reason or another, can't deliver vaginally. That does not automatically mean that it was a troubled pregnancy or that there were problems during delivery.
Additionally, some people (and why would I think these folks might be part of this trend) prefer to actually schedule their deliveries. More convenience for everyone involved.
Now days people get c-sections all the time. Most people get them just out of choice, it's starting to become a growing trend. That doesn't mean that anything was wrong.
Can you imagine being that child in a home that never wanted you...but rather than give the baby up for adoption to a couple that want him...sue the doc for his upbringing. This is a very sad situation for this innocent baby boy. Nothing like being the natural born step child. awful.
So anyone who wants child support should give their kid up for adoption? This article refers to the normal process taken in such situations. It just refers to it as a lawsuit for sensationalistic purposes.
EVERY child is a gift. To sue a doctor because you were given the gift of a life, is ridiculous. If you did not wany any additional children, you could have given the child up for adoption. There are thousands of couples who are longing for a child who are unable to have any of their own. What has the world come to? It's sickening.
Are children concieved out of rape a gift? Anyway, they could have also sprung for an abortion, addoption, or be normal humans and raise the child themselves.
There are thousands of children in foster care that people refuse to adopt. When "loving, would be" parents take care of them I'll buy the spiel about all these mystical couples.
Every child is a gift from God, I had two biological children and adopted a third out of foster care. Their are people in this world that would love to raise this little boy.
Bet the doctor's lawyer requested a DNA paternity test immediately.
Still, the doctor should have advised the couple of any difficulties encountered during the vasectomy and encouraged use of other birth control methods. Ligated reproductive tubes have been known to grow back together after many years.
Too true. My mother had her tubes tied after having 3 sons. She really wanted a daughter. Eighteen months after the first tubal ligation, she had another boy. Tubes ties again, then six years later she had a girl, (me). My father wasn't happy having two more children than he really wanted (he came from a family of ten). And there's no doubt that we are all definitely HIS kids...his genes are so obviously dominate.
You know under those circumstances she would be entitled to chold support from the doctor. More likely though your fathers pride probably kept them from pursuing it.
My husband and I were clearly informed to use protection until my husband's check-up showed no sperm count. I know you can't legislate common sense...but it does make one surely think that stupid people ought not to breed!
Perhaps we would have had them follow the doctor's likely instructions to have a follow up test... Of course, none of that detail about what the doctor did or did not instruct or what the patient did or did not do is available in this article, so it's all speculation.
sutpidybunny, you are so not smart, are you, you have a very bad attitude, maybe you weren't wanted and maybe you're still not wanted..................Just saying!!!
That is very true, they do tell you to use back up contraception. After I had my tubel-ligation i was told to use back up contraception for atleast a month.
sutpidybunny, you are so not smart, are you, you have a very bad attitude, maybe you weren't wanted and maybe you're still not wanted..................Just saying!!!
...what? How is that relevant/accurate/even slightly not a violation of the COH? Chill, man!
They did have the follow up sperm count. It said that the sperm were too numerous to count. The doctor told them there were no sperm. He is liable. He lied to his patient about how the procedure went and then lied again about sperm count. KDUCK has repeatedly posted that people should read the Eugene paper with a more complete explanation of what happened and even posted the link to the story. I just made it simple for you.
The parents are worthless oportunists at work. They already knew that it wasn't always 100% effective, and probably counted on it. But I have other questions, as well. Is the child from both parents? Do we need a paternity test here?
The article indicates a Cesarean delivery. This is usually done due to complications. It is possible that the vasectomy was due to health problems associated with the mother's inability to give proper birth without a danger to herself and child.
I do not believe the whole story is reported here.
That doesn't change the fact that there is always a follow up test to make sure that the vasectomy has worked.. not to mention that the doctors do give you literature and make it clear that it's not 100% effective. These things happen. It's not the doctors fauls.
That would be the ideal, but most of the C-sections friends/family have had were elective, especially the second time around. I actually don't know anyone who has ever had a Vbac, and we don't know if the couple has other children. She may just fall into the camp of crazies who think that surgery is "easier." If you've never given birth the normal way, it's not something you can really judge.
Realistically, if she was the one with the health issue that made childbirth a problem, she should have been the one to get fixed. Wouldn't that make more sense?
Very well, I'll rephrase it. Cesarian is usually done when there are complications that require it. However, it the mother is too much of a pu$$y to have a child done the normal way, she can get a Cesarian anyways. It however doesn't usually cost $640,000 in complication costs.
Steve S-828431 wrote "The article indicates a Cesarean delivery. This is usually done due to complications."
Most Cesarians are elective for convenience and to avoid the trauma of birth. Even vaginal births offer many forms of pain medication, including the epidural, a pain blocker injected directly into the spine. In other words, modern women choosing Cesarians births in the absence of complications are pussies compared to all mothers before them.
Wow really?!! I get that the procedure obviously didn't go as planned but there are other options for unplanned pregnancies.. Asking for college money is just greedy not to mention you were blessed with a wonderful son.. Way to make him feel wanted.. Hopefully he doesn't inherit your morals..
EUGENE, Ore. — A Eugene couple has sued a local doctor and medical group for $650,000 for a botched vasectomy.
The Eugene Register-Guard reports that Scott and Donnita Bassinger filed the suit this month, saying Dr. Stephen Schepergerdes and Oregon Medical Group should help with the expenses associated with Donnita Bassinger's Cesarean delivery and with their son's upbringing and college education.
They allege that Schepergerdes failed to inform the couple that he encountered complications when performing Scott Bassinger's vasectomy in 2007, despite allegedly noting in his records that Bassinger's tubes were thin and difficult to dissect.
The doctor and medical group did not respond to requests for comment.
hmmm no where does it say he did...... thanks for the slap down.
We can thank idiots like these for the rising cost of health care. Physicians have to carry large malpractice insurance policies because of the threat of bogus lawsuits just like this one. Which, in turn, increases health care costs. Thanks a lot you morons!
I'm sure their son will be messed up knowing his parents didn't want him. We've had 2 "surprise" babies and I couldn't imagine life without them now. They are going to miss out on one of the best things that happened to them...
LB, how do you know what the Dr. did or did not tell them, were you there???? Bet you weren't, so why don't you just shut up, unless you were in the room with them. Actually it really isn't any of your business anyway.
We can thank idiots like these for the rising cost of health care.
Though I basically agree with you, it's worth noting that only about 5% of the amount of overpayment Americans do on their health care is the result of defensive medicine and malpractice insurance. It's basically just an inefficient system.
Obviously they don't plan on this child going to college. The number should be closer to 1.6m. I would bet the Doc's insurance company will jump on that bargain.
What a crock; Years after the vasectomy; I find that hard to believe. Looking for easy money; If I sued the many dentists that did me wrong, and a Dr. or two. I would be a billionaire.The couple could have terminated the pregnancy. Then go back to the Dr and have him do it again. Or go to another Dr. Maybe everyone should sue everyone just for looking around. I am willing to bet, that there have been many other lawsuits with this family.This is one real reason the medical costs in this country are staggering.People live on lawsuits;
This is seriously one of the stupidest things I have ever read. Really, people??? Suing the doc because she got pregnant again? I know several couples that have had children after a vasectomy, and it was always because they did not have the hubby go and check to make sure it worked. I am betting this couple did NOT get the follow up sperm count check.....
There are no guarantees with a vasectomy. I ended up with another wonderful child several years after I had a vasectomy. I DID have the follow-up check, and was sterile - but my tubes managed to grow back together later! These people don't deserve that child. Perhaps they should consider giving him up for adoption. He will be much better off in a home that actually wants him.
They decided to keep and raise the child, so I'm assuming they actually want it. I think their basis for the law suit is that the doctor failed to inform them of complications that seem to indicated the vasectomy was more likely to fail. Their not suing because the vasectomy failed(as the catchy headline indicates) they are suing because the doctor hid information from the patient for what ever reason, his failure to share critical information is their basis of the malpractice. They are suing for the cost of the child, because the child is a direct result of this supposed malpractice. I'm pretty sure the only reason they have a case at all is the failure to disclose information on the part of the physician, though I doubt they will be able to prove it in court.
If they felt that strongly about not having a child there were other options available to them. What a shame that their child will have to grow up knowing he wasn't wanted, except for the price tag they put on his head.
They might as well sue for the cost of a therapist, too, because that little boy is going to need one!
The article indicates a Cesarean delivery. This is usually done due to complications. It is possible that the vasectomy was due to health problems associated with the mother's inability to give proper birth without a danger to herself and child.
I do not believe the whole story is reported here.
You are correct Steve. They only implied but failed to adequately describe the two parents as "gold-diggers". Your hypothesis that Cesarean deliveries are because of a pre-existing known reason for not having children is absurd. These type of deliveries are done all to commonly now at the drop of a hat. This couple should have had an abortion or gave the child up for adoption if they are that upset about his existence. Where they new to the idea that almost nothing is 100% effective.
If a couple takes the precaution of a vasectomy; the doctor tells them the procedure was successful, why would they think they needed to take other precautions? Blaming the parents here is really stretching.
The doctor is very much liable for the pregnancy. If he had done the job right, or informed the couple that the job was unsuccessful they may have known to take other precautions. It is the fiduciary responsibility of the physician to properly inform the patient of the success or failure of the procedure. There should have been a follow up test to see if the procedure was, in fact, successful, was that test performed? We dont know that from this article.
A child is not cheap, and one that was not planned can cost even more and one born by cesarean is even more costly. Just because they didnt plan for the child does not mean it will be raised as an unwanted child and need therapy. I had 2 unplanned children, but still raised and love them both; unplanned and unwanted are completely different.
LSB:
Vasectomies are not always 100% successful. The tubes can actually repair themselves (even after several years), so there is always a chance of a surprise pregnancy after a vasectomy. This procedure is not 100% effective (no birth control is really), so this isn't the doctor's fault. He could have done the procedure perfectly, and this could still happen.
And we wonder why doctors won't perform certain procedures or do lots of testing "just in case"?! Lawsuit-happy America! We will never have affordable healthcare when people want to sue doctors for everything. The man in question didn't die in surgery or anything horrible like that; the parents simply ended up with a healthy child they didn't plan on--and this is supposed to be a tragedy? If you absolutely, positively, never ever want to conceive, then there is only way way to ensure that (hint: it's not birth control).
re: Saddened, why? Most likely the kid will never see the vasectomist.
FYI: Old news; this type of suit has happened before... Maybe MSNBC just heard of it so it was "news" to their staff. This was case study in law school in the last century.
Paternity test? 0_o
The percentage of men never returning post-vasectomy for semen analysis check is very high. maybe @ 50%
Did you people not read where it said the doctor new of complications but did not inform the patient? If the guy knew they would have known to take other precautions. I am still seeing the doctor at fault for not giving the patient all the information he needed.
Right sanescience. They should go on Maury.
He got sterilized, what other options were they supposed to consider? Also, if they didn't want the child primarily for financial reasons, this takes care of it. I was told by the doctor when I got my tubes tied that if I got pregnant after that I could sue him for the cost of having & raising the child (apparently based on the Dr's income using the same formula as paying child support). Personally, if it were me, I would have been thrilled for that to happen, but I'm not looking for it. While I don't want more kids, that would eliminate one of the main reasons.
I signed a statement that says "I understand that I MAY become sterile" as a result of this procedure. I would guess that all guys undergoing this procedure sign something of the sort.
My doc cut, folded back, and then tied the vas tubes but there was no guarantee by anyone and I had to have understood that.
The article is obviously missing details. After that surgery, which no doctor guarantees, the guy is told to provide a sample a few weeks and/or months later to determine that it has worked. No mention? Why? Also, there is an easy solution to the money problem, give up the kid for adoption. If they are unwilling to do that, then the value of keeping the kid obviously exceeds the expense, so they should thank the doctor for botching it, if that is what happened.
Unless things have changed since my nursing days, you sign a consent for any procedure, that says it may not work. As someone said above, even a perfect procedure is no guarantee. If the guy did not get his follow-up semen counts, he needs to just STFU. I was told very plainly that my tubal may fail, and I accepted that. I'm sure this pointless lawsuit has more to do with opportunity than distress.
Chances are when he signed the consent form that it stated that there was a small chance the vasectomy would not work and sperm may still get through. What a moron. No wonder the American litigation lawyers are so happy!
Hehe Yeah Sanescience, Guy better check that the mrs. wasn't having fun with intern at work.
Yet another botched procedure from an industry that is the number 1 killer in the world.
GO BIG PHARMA!!!
To the parents of the unwanted child: YOU WERE SUPPOSED TO GO BACK IN AFTER 3 WEEKS AND CUM IN A CUP TO MAKE SURE YOU ARE SHOOTING BLANKS. If you didn't, you're SOL!!
People these days... geesh
@odessatxmom????
Like what? Abort? I think most people would agree that once your partner has a vasectomy you think you've done your part to control the pet population. Are you suggesting that after his procedure they should have continued to use birth control??? If that's the case you're an idiot! I really would love to know what other options you're talking about? Maybe give birth to the child and give it up for adoption???? Oh, that's much better than suing the doctor for failing to properly perform the procedure/ disclose the possibility that it wasn't successful...
Many things go into a decision like tubual ligation or vasectomy but I’m sure that the for most couples the financial considerations are right at the top of the list… I know I have enough love to raise more children but unfortunately I don’t have the financial resources. Not if I want to give them everything I know they should have, like an education. Maybe this is the case with this couple. I would wager that they probably already have children and are trying their best to do right by them. Provide for them. Adding another child is probably going to put a strain on this family that they’re may not have been prepared for…
They tell you when you decide to get the vasectomy that it's not very productive. It's more productive in having the woman get a tubul ligation, but even then it's still not 100 percent. I've had a tubul ligation, but i also use back up contraceptives. After all the only safe sex is no sex. I don't think it was right for these people to sue the doctor. You know the risks before you get the surgery that is why they make you sign a release form. These kinds of things is what makes health care so expensive in these states. Every time a doctor gets sued for doing there job there price has to go up to cover the cost.
If you use birth control after getting a tubal - you are crazy.
Well, i've had a friend get pregnant with twins after she's had a tubil. I've had 3 pregnancys, my first was stillborn at 24 weeks, my second was born at 27 weeks and had to stay in the nicu for the first 4 months of his life, and with my 3rd i went into labor at 25 weeks, was able to slow the labor, but after 10 weeks in labor in the hospital i finally had him only 5 weeks early. They don't know why but my body rejects the labor around that time. After that we decided that it would be best for anyone not to have to go through all of it again, so i got a tubel. But i want to be sure that i dont get pregnant again so i use other precautions. But if i were to get pregnant again i would be very happy about it. I always say if it happens then it's meant to be. My sister also got pregnant after her husband had a v-sec. Some people are just fertile i guess.
wickendoll; you are correct; the medical malpractice board will dismiss this case; there has been many cases such as this, I do not know of anyone having won a malpractice judgement from this procedure !
To all those that are thinking that a tubal or vasectomy are 100% effective you obviously have not discussed these options with your own doctor lol. And yet you are all going to sit here and argue about how you don't have to worry about baby making any longer. Well you are WRONG!!!! They aren't 100%.
And just out of curiosity..... How do we know that the doctor didn't tell the patient that there were complications with the procedure???? Oh that's right WE DON'T!
Apparently the patient's contention that he was not fully informed of his situation is supported by the lack of documentation in the the doc's records.
If they were so determined not to have another child, why did only one parent get tied up? Why didn't both of them do it?
As someone else commented and I will repeat, this kind of stupid garbage is the reason why medicine and Dr. visits and anything else health related costs so much in the US. A Dr., who is human and prone to err, makes a mistake and out come the sleaze bag ambulance chasing lawyers to convince everyone that they should sue. I mean why on earth would anyone take responsibility for having some understanding of the possible complications that may arise from a medical procedure or anything else for that matter.
Sparky, in this case, the doc knew of the complications and did not tell the patient; thus, it is the doctor who needs to take responsibility for his actions. Do you expect a patient to read a doctor's mind?
My husband had a vasectomy and was told to come back for follow up to make everything was working (or not working) properly. If the man went back and was given the all clear then they might have a case for "damages". Also, it was the mother's choice to carry and give birth to this child, which I applaud, so put on your big boy & girl pants and act like parents!
blond, a doctor is to fully inform his patients of any complications - period end sentence.
The doctor must be made responsible by having to take the child and raise it himself ... if he is going to pay for it's upbringing and education, then he should also put a roof over the child's HEAD AND and food in his tummy. I am sure the birth parents cant mind since they are suing for WRONGFUL BIRTH OF A LIVE HUMAN CHILD, which in of itself is a crime against the psychological well being of this child.
The birth parents made their decision NOT to have anymore kids, hence the vasectomy. Take that kid away from them and place him in the guardiaship of the doctor until he reaches legal age.
Dont like my suggestions or ideas? Well hell, it makes as much sense as making the dr pay child support for 18 yrs.
Choices were made every step of the way by the parents ... including the choice to have the baby. Either they want their child or they dont. Anthing less than total, unconditional love is UNACCEPTABLE and dangerous to this child's emotional and physical well being as an adult.
You need to read the real story, Eugene Register Guard.
Recycled, your suggestions make no sense at all. If the doc had informed the patient of the complication, there would be no child.
Read the story, Eugene Register Guard.
I had the Essure procedure done after the birth of my 4th child. I went back for the hysterosalpingogram 3 months later, and was declared to have passed with flying colors. But a year later, I got pregnant again anyway....at the generally-less-than-fertile age of 37. I lost that one (blighted ovum, not that this minimized my pregnancy symptoms, even for weeks after the miscarriage) and had my fallopian tubes removed afterward with great prejudice and a medical-grade soldering iron. Since then, luck favors me. Also, age is on my side now. At 44, pregnancy is even less likely, even for a fertile myrtle like me.
However, sperm and eggs are microscopic, and biology wants you to reproduce. You can't even trust "sterilization" procedures. Even if you pass the test that says you're "safe". Biology wants you to reproduce. It doesn't know anything about bills, and insurance, and careers, and inconvenience.
The only question then is, do you kill it because you've "done all you can do to prove you don't want a kid" or do you grin sheepishly - or grit your teeth - and let the kid who is determined to be born, be born?
I had my tubes tied after my second child. We really don't want more. But should another one be conceived we would certainly love it just as much as the two we already have. As one poster said previously, poor kid will need counseling now that it nows how much it is 'wanted'.
If you absolutely, positively, never ever want to conceive, then there is only way way to ensure that (hint: it's not birth control).
Even abstinence isn't effective 100% of the time, at least according to Christians...
Mike, now that was funny :-) I wish I had thought of that.
The whole story is not reported. I am curious as to any warranties made. I would think the patient would be told it is either 100% effective or that it is not 100% effective. That is the key to winning this lawsuit.
The kid is not going to need psychological assistance. NO ONE said the parents did not love the child and frankly you can not imagine that they do not love their kid.
If you have kids (and I don't) you know how much it costs to raise them. They paid this doctor to make it so that they do not have kids. The plaintiffs believe the doctor was negligent.
I would do the same thing because it's worth a shot. Kids are very expensive.
They DID NOT give the kid up for adoption. That should tell you something.
KCE/NC, yes, you continue to use contraception after a vasectomy or a tubal ligation. You do so because either can spontaneously reverse.
Inthe case of a vasectomy, you must understand that the sperm that were "in the pipeline" are still there. A simple sperm count taken at the right time after the surgery can show whether or not they have cleared. Repeated sperm counts through the years will show whether or not spontaneous reattachment has occured.
A tubal ligation is major surgery, which makes it a much more difficult procedure than a vasectomy. Again, it can spontaneously reverse itself. But the test to see of that has happened or not is more complex than a sperm count. It's also painful, as pain in specific locations in the body in response to the test is the diagnostic indicator of reattachment.
OF course, when you don't have these checked as per your doctor's instructions, you can end up with yet another result that tells you that your surgery has failed or that you've experienced a spontaneous reattachment - pregnancy. That's what happened here.
This lawsuit is wrong. It's based on a poor understanding of basic anatomy and biology and it's been launched by parents who couldn't be bothered to take responsibility to prevent said pregnancy. Even then, though, there were and are responsible choices that can be made, choices that don't include lawsuits.
These "parents" are suing over their own lack of responsibility in their health care. This so-called case will be thrown out of court, and rightly so. Hopefully, the parents and others will learn something when that happens.
People are sue happy. They will probably win. If they do, the doctor or the insurance company should take possession of the child.
There are two types of vasectomy. the simple one is just a spin and tie both ends - this is generally repairable thru surgery or possibly self repairing.
The second type is done with two snips approximately a half inch apart with the ends tied off - this type cannot self repair and is not surgically repairable.
When I had mine done forty years ago, the doctor gave me the choice of the two options and I told him to cut as if he would be raising any future children that I might father - he did option number two and I've had no worries about being close ever since.
Reason for option number two, my wife is a type O Negative and her other children had sensitized her against RH positive fetuses and would spontaneously abort at about six weeks - not an acceptable way to live and dangerous to her health.
with type two vasectomy, once the "swimmers" are cleared, there is no chance of a pregnancy unless you have help!
We had next door neighbors a few years back.He was an Air Force Pilot and was TDY often. They had four kids already so Hubby had his pipes clipped as it was an easier with less down time then her getting a tubal or hysterectomy, especially with 4 kids at home.
They "got busy" before the Doctor had verified his pipes were indeed broken and he was "shooting blanks" . About 11 months after the proceedue their fifth child arrived. Later when people would comment on how calm she was with five kids ranging from 14 years old to 4 months old. She would give them a sort of twisted, off kilter, grin and reply "I'm not calm...I'm NUMB!"
When i decided to finally get out of the "genepoo;" I had an at length discussion of how the proceedure was preformed and what options were available.
What i ended up finally getting was acombination of methods.
first a section was removed , spreading the distance between the but, then each end was cauterized shut, and finally the tube was bent over and literally tied off, sorta like kinking a garden hose. and them tied off to incread the distance between the ends as much as possable so they COULDNT grow together again. seems to have worked for over 20 yrs now.
The usual procedure to make sure the vasectomy took is to doa sperm count. So, get over it. A Catholic hospital would not let a patient get a sperm test after the procedure because their view on sex for fun instead of making babies.
Can anyone say "Paternity Test" While I agree vasectomies can and do fail, it is extremely rare. Failure rate is around .02%.
How much you wanna bet they skipped the 6 week follow up visit that checks the sperm count.
My thought exactly!
And didn't bother to do their homework or read the literature they were surely given on the procedure that states it is not 100% effective.
I've heard a story about how the husband got a vasectomy and wife got her tubes tied but the child still made it's way through (which they considered the child to be a miracle). It's sad that the parents are approaching it this way.
I thought the same too. Besides, the literature clearly states the in extremely rare cases, the body will repair the pipeline and blanks no more. I had some friends end up with a surprise like this. He thought she had cheated, but turns out, nope, pipeline fixed itself.
Yep, vasectomies are known not to be 100% effective. Sounds like a frivolous suit to me.
That's what I was thinking, too. Although my ex brother-in-law actually had one side spontaneously grow back together and he and his second wife had a baby girl.
Still, it is the parent's decision to have and raise the child after they found out. It isn't the doctor's fault that they chose that path.
And has dad done a paternity test?
MomOf2, so if he had had a successful sperm count check, you would be in agreement with law suit?
Not if he signed a paper that stated that he acknowledged that this procedure is NOT 100% ...
If he had a successful follow-up sperm count that, would prove the surgery was performed correctly. If he later became fertile again it would indicate the body had repaired itself and reversed the vasectomy, also not the doctor's fault.
The point of the suit is that the doc did not inform the patient of his greater than normal risk the procedure would not be effective. Neither one of us knows if the man made the follow up visit or not; but, Robert, wouldn't you strongly suspect that if the doc told him of his strong possibility of a less than optimal outcome, he would have been darn certain to have not one but continuing follow-up sperm counts and/or to also use other forms of birth control. The problem lies with the doc not fully informing his patient of his situation.
Need to read the real story, Eugene Register Guard.
The problem lies with the doc not fully informing his patient of his situation.
==============================================================
You, OBVIOUSLY, have no knowledge of the medical field. This never happens. Patients don't bother listening, but doctors nowadays KNOW to cover their butts in sue happy America. If MSN bothers to follow up on this story, I'm willing to bet that the doctor produces a sign paper stating that this procedure is not 100% and that there is a chance his body would 'repair' itself, that he didn't bother with a follow up visit to make sure his sperm count was nil OR all of the above.
When are people going to start taking responsibility for THEMSELVES and stop blaming others for everything....????
http://www.registerguard.com/csp/cms/sites/web/news/sevendays/25689194-35/child-bassinger-couple-suit-medical.csp
http://www.registerguard.com/csp/cms/sites/web/news/sevendays/25689194-35/child-bassinger-couple-suit-medical.csp
KDUCK, thanks for your link. It goes to support me and others here who contend that the doc has a lot of explaining to do.
Wrong! Read the story. Eugene Register Guard.
KDUCK, I did read the story. And again, thank you. The story supports my contention that the doc has some explaining to do. The facts of the case will be sorted out at trial.
Riddle me this...what PROOF do they have the child is the "husbands". Could she have had "a backdoor man" and got caught? If I was the Doctor I would request a DNA test on the child and the husband.
Or she could be like my "Fertile Myrtle" sister - she could get pregnant just looking at a photo of an aroused man. Doesn't seem fair, so many loving people can't HAVE kids no matter how hard they try or how much money they spend. My sister didn't want kids after her first two. Her first born, a boy, she adopted out, Her daughter she kept. Personally I think she should have adopted her daughter out as well. However, that choice was not mine to make. My sister had several abortions because she was one of an incredibly small number of women for whom standard birth control does not work. She finally had a hysterectomy to solve the problem.
There is nothing written on those links that proves (beyond a shadow of a doubt) THEIR point, does it!
And, the doctors side still hasn't shown it's cards yet, have they?....I stand by my post.
Awww nothing like saying "Your father and I didn't want your ass"
This child will have problems.
You need to read the real story, Eugene Register Guard.
When will Americans start taking responsibility for their own actions? NOTHING in life is 100% guaranteed! Send the whole family on a one-way trip someplace else (any where) and stamp their passports "NO RETURN".
What sort of fascist or communist are you? Stamp their passports NO RETURN? For what -- excersing their right to sue in a court of law?
Last I looked it was not a crime to use the legal system to file a lawsuit.
I hope they fire you from your job and then send you off to some far off land never to be allowed to come back to the USA to pollute America with your non-American rubbish.
you know jstacey, usually I defend America to the death but you know, youre right, Americans do have a problem with self responsibility, and thats the fault of the retarded socialist leaning liberals who want nothing more than to feed a nanny state system hell bent on destroying individual profit for individual work.
The couple did take responsibility for their actions. They knew they could not afford more children and contracted for an established medical procedure that is known to leave little chance for pregnancy.
The point is that the doctor knew there was a greater risk than normal of the procedure not being successful and did not tell the couple of that risk.
with the potential of being sued today, you know damn well they were very informed as to the potential risks. if you want to roll in the hay, you know the risks.
sure they have the right to use the legal system. so did the mcdonalds lady who could not hold her coffee. somethings are just plain stupid. people need to take responsibility for their actions. quit your damn bitching and live with it.
Again, they did take responsibility. The doc should have informed them of their greater risk that the procedure would not be successful. And I am not bitching. I really don't care one way or another, so tab, screw off.
Need to read the real story, Eugene Register Guard.
Allan, Hysterical much? Take your meds and chill out. I bet you tried to sue your own mother because you're a miserable person, right?
Angela, no, I am quite happy actually. Living in reality is a good place to be. Try it sometime. If I were you, I would give living a life based on fact and reason a try as opposed to one of emotion.
You think docs do not have an obligation to inform their patients of surgical complications - I beg to differ. Let's both hope the urologist in question never switches. to say, open heart surgery. Don't you agree?
Allan, Hysterical much? Take your meds and chill out. I bet you tried to sue your own mother because you're a miserable person, right?
I don't even know which side I'm on but man, that was just ridiculously uncalled for. Nothing Allan said was hysterical. If the best argument you have is ad-hominem name calling, wait until you graduate elementary school before you try to post online again.
Seriously.
Allan-467391, a "greater risk than normal? What precisely does that mean and how it is relevant to this or any situation?
This isn't about the extent of the risk. This can't ever be about the extent of the risk, for anything. You my feel that risk of .00001 is acceptable. In act, you may feel that that risk means that you or any other given person has a fantastic chance of success.
WRONG!!! For every person, the outcome is either success or failure. There is no in between, no gray area. For every person, it's a coin flip as to whether or not something will work for them.
These parents accepted the risk, chose to ignore the risk because they though that they would OK, and they lost that bet. That's why they have no business whatsoever suing anyone about this. It's not the doctor's fault that they refused to recognize a risk, refused to understand the anatomy and biology involved.
There is no such thing as a foolproof, as risk free venture of any type.
WRONG!!! For every person, the outcome is either success or failure. There is no in between, no gray area. For every person, it's a coin flip as to whether or not something will work for them.
rpearl, such nonsense. In this case the doctor knew the chances of success were impaired. The man was not a good candidate for the procedure. The patient should have told that. Again, if the patient had been aware that he was not a good candidate for the procedure, he would have at least known it was in his best interest to have frequent & continual sperm counts and/or practiced other means of birth control. Patients have a right to know when their surgery has complications. Let's be glad this urologist is not practicing open heart surgery.
Someone earlier in this thread mentioned how hard it is to believe that any doctor would ever fail to notify their patients of all the risks, given that they know Americans are sue-happy. I'd like to echo that. Doctors know that if they forget to mention the tiniest detail of anything, they can get sued and their careers will be ruined. Why do you think so many hospitals order unneeded tests?
Point is, I don't think the doctor left that out. The patients in question here are trying to make it look that way, but I have no doubt that the papers they signed will have them frowning sheepishly in court.
Mike, read the other posts written by Allen and telly me the word 'hysterical' is wrong. I stand by my posts...
Angela, I think Mike read my other posts. Merry Christmas to you :-)
Guess you can sue if you're horny.
Lots of loving families out there looking for a baby to adopt. And since it appears that the little boy is healthy, and the C-section went well, I can't see malpractice being a part of anything in this story...
If a C-section had to occur it automatically didn't go well.
Did you know that a pregnancy can be fine, but if there is a yeast infection or history of herpes they use c-section? There did not have to be an issue.
Just one chick talking.
K-513660, you don't know what you're talking about. There are thousands of women in the US that, for one reason or another, can't deliver vaginally. That does not automatically mean that it was a troubled pregnancy or that there were problems during delivery.
Additionally, some people (and why would I think these folks might be part of this trend) prefer to actually schedule their deliveries. More convenience for everyone involved.
Now days people get c-sections all the time. Most people get them just out of choice, it's starting to become a growing trend. That doesn't mean that anything was wrong.
Can you imagine being that child in a home that never wanted you...but rather than give the baby up for adoption to a couple that want him...sue the doc for his upbringing. This is a very sad situation for this innocent baby boy. Nothing like being the natural born step child. awful.
So anyone who wants child support should give their kid up for adoption? This article refers to the normal process taken in such situations. It just refers to it as a lawsuit for sensationalistic purposes.
Id be surprised if they won and the child even saw a dime of the money.
I would support the judgement if the money went into a blocked trust account for the child on his 18th birthday.
If thats the case then all child support should be done that way. Is that how you think it should be done?
actually, yeah. why should the child pay for the parents mistakes? They should be paying the child to make up for ruining the family anyway.
actually, yeah. why should the child pay for the parents mistakes?
Because most people want to the child to be fed and clothed before they turn 18, as well as after?
once again the parents who failed at their marriage are using the child for economic gain, pathetic.
brady, parents who failed at their marriage? Where did that come from?
EVERY child is a gift. To sue a doctor because you were given the gift of a life, is ridiculous. If you did not wany any additional children, you could have given the child up for adoption. There are thousands of couples who are longing for a child who are unable to have any of their own. What has the world come to? It's sickening.
Are children concieved out of rape a gift? Anyway, they could have also sprung for an abortion, addoption, or be normal humans and raise the child themselves.
There are thousands of children in foster care that people refuse to adopt. When "loving, would be" parents take care of them I'll buy the spiel about all these mystical couples.
every child is a gift? I certainly wasnt.
Every child is a gift from God, I had two biological children and adopted a third out of foster care. Their are people in this world that would love to raise this little boy.
Would we consider Hitler, Stalin, Pol Pot "gifts"?
I wonder if they did a DNA test to make sure Mommy wasn't fooling around.
Bet the doctor's lawyer requested a DNA paternity test immediately.
Still, the doctor should have advised the couple of any difficulties encountered during the vasectomy and encouraged use of other birth control methods. Ligated reproductive tubes have been known to grow back together after many years.
Too true. My mother had her tubes tied after having 3 sons. She really wanted a daughter. Eighteen months after the first tubal ligation, she had another boy. Tubes ties again, then six years later she had a girl, (me). My father wasn't happy having two more children than he really wanted (he came from a family of ten). And there's no doubt that we are all definitely HIS kids...his genes are so obviously dominate.
Kim: Glad your Mom got her daughter. I was the last of 4 boys and Mom, rest her soul, gave up.
You know under those circumstances she would be entitled to chold support from the doctor. More likely though your fathers pride probably kept them from pursuing it.
Need to read the real story, Eugene Register Guard.
read the news before talking out of your necks people...i'm sure the family thanks you kduck
Sleazy lawyers will sue for anything.
Absurd.
Why blame the lawyer, it appears that it is clients who are sleazy.
Jwright-1317095 wrote "I wonder if they did a DNA test to make sure Mommy wasn't fooling around."
DNA paternity tests should be a mandatory blood test and part of the birth certification process. It takes more ID and proof to rent a cable DVR.
My husband and I were clearly informed to use protection until my husband's check-up showed no sperm count. I know you can't legislate common sense...but it does make one surely think that stupid people ought not to breed!
These two made an effort not to breed. They got sterilized - what more would you have them do?
Perhaps we would have had them follow the doctor's likely instructions to have a follow up test... Of course, none of that detail about what the doctor did or did not instruct or what the patient did or did not do is available in this article, so it's all speculation.
sutpidybunny, you are so not smart, are you, you have a very bad attitude, maybe you weren't wanted and maybe you're still not wanted..................Just saying!!!
That is very true, they do tell you to use back up contraception. After I had my tubel-ligation i was told to use back up contraception for atleast a month.
sutpidybunny, you are so not smart, are you, you have a very bad attitude, maybe you weren't wanted and maybe you're still not wanted..................Just saying!!!
...what? How is that relevant/accurate/even slightly not a violation of the COH? Chill, man!
They did have the follow up sperm count. It said that the sperm were too numerous to count. The doctor told them there were no sperm. He is liable. He lied to his patient about how the procedure went and then lied again about sperm count. KDUCK has repeatedly posted that people should read the Eugene paper with a more complete explanation of what happened and even posted the link to the story. I just made it simple for you.
insanity is all that comes to mind! its all about getting money from wherever your imaginary sick mind wanders to.
The parents are worthless oportunists at work. They already knew that it wasn't always 100% effective, and probably counted on it. But I have other questions, as well. Is the child from both parents? Do we need a paternity test here?
Need to read the real story, Eugene Register Guard.
The article indicates a Cesarean delivery. This is usually done due to complications. It is possible that the vasectomy was due to health problems associated with the mother's inability to give proper birth without a danger to herself and child.
I do not believe the whole story is reported here.
That doesn't change the fact that there is always a follow up test to make sure that the vasectomy has worked.. not to mention that the doctors do give you literature and make it clear that it's not 100% effective. These things happen. It's not the doctors fauls.
"Usually done due to complications?" My tail!
That would be the ideal, but most of the C-sections friends/family have had were elective, especially the second time around. I actually don't know anyone who has ever had a Vbac, and we don't know if the couple has other children. She may just fall into the camp of crazies who think that surgery is "easier." If you've never given birth the normal way, it's not something you can really judge.
Realistically, if she was the one with the health issue that made childbirth a problem, she should have been the one to get fixed. Wouldn't that make more sense?
Very well, I'll rephrase it. Cesarian is usually done when there are complications that require it. However, it the mother is too much of a pu$$y to have a child done the normal way, she can get a Cesarian anyways. It however doesn't usually cost $640,000 in complication costs.
Steve S-828431 wrote "The article indicates a Cesarean delivery. This is usually done due to complications."
Most Cesarians are elective for convenience and to avoid the trauma of birth. Even vaginal births offer many forms of pain medication, including the epidural, a pain blocker injected directly into the spine. In other words, modern women choosing Cesarians births in the absence of complications are pussies compared to all mothers before them.
Wow really?!! I get that the procedure obviously didn't go as planned but there are other options for unplanned pregnancies.. Asking for college money is just greedy not to mention you were blessed with a wonderful son.. Way to make him feel wanted.. Hopefully he doesn't inherit your morals..
Did he go back for the retest?
Yes, read the real story! Eugene Register Guard!
hmmm no where does it say he did...... thanks for the slap down.
Here is the more complete story.....
http://www.registerguard.com/csp/cms/sites/web/news/cityregion/25689194-41/child-bassinger-couple-suit-medical.csp
KDUCK, thanks for the sort of addition.... links are of great help.... for those of us that are slower on the up take.
Ew. Just ew. That poor kid.
insanity is all that comes to mind! its all about getting money from wherever your imaginary sick mind wanders to.
We can thank idiots like these for the rising cost of health care. Physicians have to carry large malpractice insurance policies because of the threat of bogus lawsuits just like this one. Which, in turn, increases health care costs. Thanks a lot you morons!
I'm sure their son will be messed up knowing his parents didn't want him. We've had 2 "surprise" babies and I couldn't imagine life without them now. They are going to miss out on one of the best things that happened to them...
LB, how do you know what the Dr. did or did not tell them, were you there???? Bet you weren't, so why don't you just shut up, unless you were in the room with them. Actually it really isn't any of your business anyway.
We can thank idiots like these for the rising cost of health care.
Though I basically agree with you, it's worth noting that only about 5% of the amount of overpayment Americans do on their health care is the result of defensive medicine and malpractice insurance. It's basically just an inefficient system.
Obviously they don't plan on this child going to college. The number should be closer to 1.6m. I would bet the Doc's insurance company will jump on that bargain.
They wanted the doctor to share in the costs, I mean they are low balling to a point here with College and all.
I read another article on it. $140,000 goes to the child himself after he turns 18 in the form of a college fund.
By the time he turns 18, that MIGHT buy him ONE year of college, depending on where he goes.
I am too suspicous......a DNA test is in order..........easy to blame the doctor..............sad for the innocent baby...........
What a crock; Years after the vasectomy; I find that hard to believe. Looking for easy money; If I sued the many dentists that did me wrong, and a Dr. or two. I would be a billionaire.The couple could have terminated the pregnancy. Then go back to the Dr and have him do it again. Or go to another Dr. Maybe everyone should sue everyone just for looking around. I am willing to bet, that there have been many other lawsuits with this family.This is one real reason the medical costs in this country are staggering.People live on lawsuits;
Real story, Eugene Register Guard.
This is seriously one of the stupidest things I have ever read. Really, people??? Suing the doc because she got pregnant again? I know several couples that have had children after a vasectomy, and it was always because they did not have the hubby go and check to make sure it worked. I am betting this couple did NOT get the follow up sperm count check.....
My last child was born post vasectomy - and my husband did all the right things after the surgery. Doctor's response: Bad Karma. lol
Although shocked to be pregnant, I never told her that it happened. No one has mentioned it and she's 17 years old and beautiful!
There are no guarantees with a vasectomy. I ended up with another wonderful child several years after I had a vasectomy. I DID have the follow-up check, and was sterile - but my tubes managed to grow back together later! These people don't deserve that child. Perhaps they should consider giving him up for adoption. He will be much better off in a home that actually wants him.
Agreed.
They decided to keep and raise the child, so I'm assuming they actually want it. I think their basis for the law suit is that the doctor failed to inform them of complications that seem to indicated the vasectomy was more likely to fail. Their not suing because the vasectomy failed(as the catchy headline indicates) they are suing because the doctor hid information from the patient for what ever reason, his failure to share critical information is their basis of the malpractice. They are suing for the cost of the child, because the child is a direct result of this supposed malpractice. I'm pretty sure the only reason they have a case at all is the failure to disclose information on the part of the physician, though I doubt they will be able to prove it in court.
I'm not sure the doctor would have to do anything wrong in this case in order to be considered financially responsible.
Read the story this time, Eugene Register Guard.
Pathetic