Right or Wrong Patients DR ordered to pay child support
gynaecologist in Venice has been ordered to pay child maintenance to a patient who had an unwanted pregnancy following the failure of a sterilisation operation.
Dr Ruggero Pasqualetto must pay a total of 105,000 euros, around £70,000, to his patient.
He has been ordered to pay £8,000 in court costs, with the balance as compensation for psychological stress suffered and maintaining the child during his school years.
The patient,
2006-11-15 11:29:52 · 4 answers · asked by bolounit1 2 in Social Science ➔ Gender Studies
The patient, identified only as Signora A.S., a housewife married to a builder, already had two children when she gave birth to a baby boy on New Year's Eve, 1996, despite having undergone an operation on her fallopian tubes to prevent further pregnancies.
2006-11-15 11:30:23 · update #1
Pasqualetto had utilised a rare technique, injecting a kind of surgical "super-glue" under local anaesthetic, to close the fallopian tubes, a less invasive method than the traditional surgery.
2006-11-15 11:31:25 · update #2
He claimed he explained to Signora A.S. that there was a 15 in a 1,000 chance that the procedure wouldn't work, but the patient denied this to the court.
'Obligation'
Dr Pasqualetto said: "It's quite a rare technique here (in Italy) but is routine in the USA."
He added: "The operation went well, then after two years Mother Nature found otherwise, but I find it incredible that a doctor has to answer for a physiological healing
2006-11-15 11:32:07 · update #3
Enrico Cornelio, the woman¿s lawyer said: "It wasn't Mother Nature's fault, but the fault of the wrong method.
"The contract signed with the doctor amounted to an obligation of the outcome, not of the method.
"It's not enough that the doctor did his best, the guarantee of results is necessary."
Signora A.S., now aged 45, argued that the third pregnancy prevented her from returning to work.
2006-11-15 11:32:42 · update #4
She said: "I don't hate the doctor. What struck me was his cynicism, because he took the liberty of changing the direction of my life in a way I didn't want."
She complained that Dr Pasqualetto never apologised for the failure of the operation.
When her pregnancy test proved positive, she says, "He just suggested an abortion; he said 'don't worry Signora, we'll get rid of it'.
2006-11-15 11:33:13 · update #5
http://news.bbc.co.uk/1/hi/health/2282936.stm
2006-11-15 11:33:45 · update #6
I believe in the United States women have to sign paper work, and have informed consent before a procedure. I am not sure about in Italy. However, this seems somewhat absurd. Well, this child will sure feel the love when he grows up and hears of this court case and his mothers words. God bless*
2006-11-15 13:49:15 · answer #1 · answered by ? 7 · 0⤊ 0⤋
An absolutely absurd ruling. The woman was made aware of the possibility that the procedure would not take. If the procedure failed because of a mistake made by the doctor, then it would be an issue of malpractice. To order the doctor to make child support payments ... ridiculous!
2006-11-15 11:37:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Briefly, I reckon he should only be made to pay compensation for the lack of success of the procedure (strerilization). But then again, she was warned of the success rate of this kind of procedure.
Financial maintenance of the child (support) I reckon should be up to the father (and mother) of the child. Why make the child feel not wanted (as they grow up) by learning about how their parents wanted to sue others for their (childs') existance?
Some may disagree with me, but hey, that's my opinion.
2006-11-15 12:53:12 · answer #3 · answered by lulu 3 · 0⤊ 0⤋
Sorry to hear that for the MD
thought he should/would only have to pay thru his malpractice insurance
2006-11-15 11:38:42 · answer #4 · answered by Mopar Muscle Gal 7 · 0⤊ 0⤋