View Full Version : Doctor to pay for unwanted baby
A doctor who carried out a failed contraceptive operation has been ordered by a German court to pay financial support for the child.
The gynaecologist had inserted a patch into the patient's arm, but it failed to prevent pregnancy six months later.
The woman, who had recently qualified as a teacher, had to give up her new job to care for her child.
The highest judicial court has ruled the doctor must pay 600 euros (£400) a month until the child reaches 18.
German gynaecologists now fear a flood of lawsuits, says the BBC's Steve Rosenberg in Berlin.
The decision in Karlsruhe, made on Tuesday, has met with disapproval in the German press.
The conservative Die Welt said the whole idea of damages being paid for the birth of a child was "perverse": "In addition to the highly private inkling that he was not wanted by his parents, he now has official confirmation that he was born by mistake," it said.
The device is meant to protect against pregnancy for up to three years, but six months after the operation, the implant could no longer be found in the woman's body, the court said.
The parents, who had known each other six months at the time of the conception, were no longer together, the court said.
The father will also be compensated for the maintenance he is paying for the child.
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how can they do this if they say the implant isnt 100% effective?? :hmm: i know it says it could no longer be found in the womens body but whos to say she didnt take it out herself?
OMG that is awful!!! Why should the doctor be held accountable for something that isn't 100% reliable anyway! Doctors could stop issuing contraception for fear of this thing happening again and then look what that could lead to!!!
Ludicrous!! :angry:
If this is the case, can't durex be sued for failed condoms??? that is stupid.. not contraceptive (except womb removal or abstainance) is 100% safe
Why sue the Doctor? Why not the manufacturer of the patch?
She should learn to take responsibility of her own actions. Madness.
Dr. Tangliss
17-11-2006, 09:36
That's the stupidist thing I have read to date with regards to pay outs and the medical profession!:angry:
Next people will be claiming expenses for having to visit their GP or hospital, or suing Doctors over waiting times....There has to be a line drawn somewhere!:rolleyes:
Just to add, if she did not want a baby so much she could of made her partner use extra protection, had an abortion or kept her legs crossed!
surely an x-ray of her body would find it?
*checks arm to make sure her implant can still be felt :) *
Dr. Tangliss
17-11-2006, 12:44
surely an x-ray of her body would find it?
*checks arm to make sure her implant can still be felt :) *
:rotfl: I hope it's still there:rotfl:
An X-ray would have defo spotted a fetus, but it's would be dependent upon it's stage of development how clear it would be. saying that something abnormal would show up regardless.
The father will also be compensated for the maintenance he is paying for the child.
I must have missed that first time. So the parents aren't responsible for having the kid, but the Doc is?
This sue and blame culture has gone too far.
JustJodi
17-11-2006, 14:07
What I do not understand is, why did the woman even bother carrying the child full term? If she DID NOT WANT a child to begin with ( hence the implant) why didn't she just terminate the pregancy? Or is she saying she never knew she was pregnant until she had the child?? I think this was purely intentional to sue..
I agree with Norman this sue and blame culture has gone too far ( sorry I know I am an American and we tend to sue over every thing . but I find it a bit MAD as well ):wall:
Another thing is,, like some one else said,, how do we know that the woman didn't remove the implant herself ..there are so many factors to prove it was intentional,,:ninja:
Dr. Tangliss
17-11-2006, 14:15
What I do not understand is, why did the woman even bother carrying the child full term? If she DID NOT WANT a child to begin with ( hence the implant) why didn't she just terminate the pregancy? Or is she saying she never knew she was pregnant until she had the child?? I think this was purely intentional to sue..
I agree with Norman this sue and blame culture has gone too far ( sorry I know I am an American and we tend to sue over every thing . but I find it a bit MAD as well ):wall:
Another thing is,, like some one else said,, how do we know that the woman didn't remove the implant herself ..there are so many factors to prove it was intentional,,:ninja:
That's exactly the point I made a few posts up.
I don't think she is entitled to f**k all! I might go and sue my doctor for getting pregnant with my first born:hmm:
JustJodi
17-11-2006, 14:20
Oh I agree she doesn't deserve a penny,, I just hope the courts do not reward her with ANY THING...She sure is not entitled to any thing..
Dr. Tangliss
17-11-2006, 14:22
Oh I agree she doesn't deserve a penny,, I just hope the courts do not reward her with ANY THING...She sure is not entitled to any thing..
They have though! They have awarded her £400 per month which is to come out of the doc's pay packet, until the sprog is 18!:angry: :eek: :cartman:
JustJodi
17-11-2006, 14:25
They have though! They have awarded her £400 per month which is to come out of the doc's pay packet, until the sprog is 18!:angry: :eek: :cartman:
Surely the doc can appeal ?? This can not be right, even in the states this would have been thrown out of court .. my gawd :sick:
Now you just watch a bunch of other German frauleins will be running to their lawyers to sue their doctors too :wall:
Dr. Tangliss
17-11-2006, 14:29
Surely the doc can appeal ?? This can not be right, even in the states this would have been thrown out of court .. my gawd :sick:
Now you just watch a bunch of other German frauleins will be running to their lawyers to sue their doctors too :wall:
I would appeal, and appeal and appeal...then when the decision was over-turned sue the b*tch for starting it all in the first place!
It's not right and should not be allowed. At the end of the day the contraception did not work, if they're going to hold anyone resposible it should be the manufacturer of the drug!
xStephaniex
18-11-2006, 19:16
Thats stupid and unfair !!! I agree with what everyone else has said, but people should think twice befor having kids ! if there not wanted its not fair on the baby and she could've got rid of the baby like jodi said and she didn't ! maybe she thought of it as easy money ! Ridiculous!! (sp?)
Dr. Tangliss
18-11-2006, 19:29
What you also have to think about is once the child is old enough to understand they will read about all this and will feel unwanted knowing their mother actually did not want them! In my opinion all she wants is money and publicity and is using the child to get what she wants.
The poor child having parents like that! Imagine reading the news reports in later life and discovering that neither of your parents wanted you...
Surely the mother would have realised if the patch had just come out - would that not involve breaking her skin. The only way I could imagine this happening unnoticed is if it happened immediately after it was inserted - or if it wasn't inserted propoerly in the first place....
I cant believe this story is true, it just sounds so unreal and i feel so sorry for the child having parents like that.
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