German Court Orders Doctor to Pay for Unwanted Baby

[Totally Committed]

Doctor ordered to pay for unwanted baby

BERLIN (Reuters) - A court ruling which ordered a gynecologist to pay child support for up to 18 years as compensation for botching a contraceptive implant was condemned by the German media as scandalous on Wednesday. The Karlsruhe-based federal appeals court ruled on Tuesday that the doctor must pay his former patient, now a mother of a three-year-old boy, 600 euros ($769) a month because she became pregnant after he implanted her with a contraceptive device. "A child as a case for damages -- this perverse idea has now been confirmed by one of Germany's highest courts," conservative Die Welt daily newspaper wrote in an editorial on Wednesday.

>snip

The award covers the first years of the child's life and also subsequent costs to the age of 18.
The parents, who had known each other six months at the time of the conception, were no longer together, the court said, ruling that the father should also be compensated for the maintenance he was paying toward the child.

The ruling could spark a flood of similar claims against gynecologists, Stern magazine wrote on its Web site.

Entire story:
http://news.yahoo.com/s/nm/child_compensation_dc

Aside from the fact that this mother is now the mother of a child who will know had a court decree him "unwanted", what is your thinking on this ruling by a German court?

Do you think it would dampen the anti-Choice fervor in this country if every Pharmascist who refused to honor a prescription for birth control, every doctor who refused to prescribe morning-after contraception, or every school system which refused to offer sex education as part of their Health curriculum could be sued and made a party to unwanted pregnancies?

What do you think?

TC

[Debau2005]

1. Unless the dr was negligient

I have a problem with it. No birth control method is 100%. I think it is a separate issue from the Pharmascist that refuses to do his job by dispensing a birth control method.

Whenever you have sex you take the risk associated.

I think my biggest issue is the mental damage that will be done to this child. He is now known as "unwanted." I can't imagine that mental anguish this will caues him as he grows up. If the mother didn't "want" him, why not let him be adopted by a family that did "want" him?

I think this will do more harm to the Choice movement then good. Dr's will shy away from implanting devices because of the fear of a suit. There is already a shortage of OBs in some areas because they are afraid of being sued if a baby is born with any disabilities or dies at birth.

[GreenPartyVoter]

2. Agreed

[Totally Committed]

3. Extremely good points!

I agree with you, btw, about the "unwanted" label pinned on this child. Made me wince for the kid.

TC

[Sweet Freedom]

6. Hmmm... I thought that argument didn't hold up well

I don't see the mother or child's name in the article, so it's possible the child has no idea this suit was about him. And isn't the child really young? Too young to understand what this is all about?

I think lots of kids are "unwanted" (conceived even when the mother was using contraceptives). But that doesn't necessarily mean they are treated that way. (Think of all the kids who found out they were a mistake, but never knew it.) And if the mother does treat him as unwanted, then he already feels it and a court ruling probably doesn't make it any worse.

[Demeter]

7. If She Didn't Want a Baby, She Could Have Aborted

at home or abroad. This is silly.

[izzie]

4. It is the word 'after' that seems the thing.

You could just go to another drug store. She was told she was safe. It is an odd story or case. Seems like their is more to it.

[The2ndWheel]

5. I could see the large scale implementation

of that type of state power not ending well.

[valerief]

8. In Murka, they'd say, "Who's your daddy?" nt