just because something happened to you that shouldn't have happened doesn't make you entitled to compensation.
This is what juries are for.
Juries are supposed to follow the law, of course. And legally, the mere act of something happening to you that shouldn't have happened doesn't necessarily entitle you to compensation.
This is where I am. What are the extra costs related to the 'wrongful birth' here when the baby is perfectly healthy but just a different race from the baby they were expecting? I am not buying it.
If they're asking for punitive damages to shut down an irresponsible clinic, okay. Otherwise...just because something happened to you that shouldn't have happened doesn't make you entitled to compensation.
Its pretty rare (impossible?) to get punitive damages without compensatory damages.
In that case I can understand why they'd ask for compensatory damages as well.
Isn't there some sort of regulation, though, to keep this kind of thing from happening? I mean, just because a clinic's negligence didn't actually hurt someone (this time) doesn't mean all is OK and they should be allowed to keep on until they do manage to harm someone. Right?
Juries are supposed to follow the law, of course. And legally, the mere act of something happening to you that shouldn't have happened doesn't necessarily entitle you to compensation.
Whether or not this couple meets the requirements of proving negligence is a question of fact for the jury to decide.
I'm gonna need a season and episode number because I know all the Lennie Briscoe episodes but this one is not ringing a bell.
Also: dumb. My former boss was Hispanic with blond hair. I don't remember her eye color, though. We didn't spend a lot of time gazing into each other's eyes.
But you all have somehow overlooked the one where the doctor was knocking up all his patients with his own sperm! Also totally relevant to the discussion imo.
But you all have somehow overlooked the one where the doctor was knocking up all his patients with his own sperm! Also totally relevant to the discussion imo.
If we're just talking about sperm related episodes now, can we talk about the one where bobby flay has a cameo as (kinda but not technically) himself after he was drugged and electrocuted in the prostate so somebody could steal his sperm? Because that was amazing.
Its pretty rare (impossible?) to get punitive damages without compensatory damages.
In that case I can understand why they'd ask for compensatory damages as well.
Isn't there some sort of regulation, though, to keep this kind of thing from happening? I mean, just because a clinic's negligence didn't actually hurt someone (this time) doesn't mean all is OK and they should be allowed to keep on until they do manage to harm someone. Right?
SOrt of but not really. The law/regulation in most states is insanely behind the curve when it comes to addressing 3rd party reproduction, sperm banks and egg donor banks are largely the wild wild west left to self police. This is why we went with a clinic donor for our DD. Most clinics have controls in place as mentioned above, when we did our cycles DH had to read and sign confirming the donor ID number when he did his part, I had to sign and confirm when I was there for the transfers, the nurse confirmed when she brought in the embryos that their number and ours matched appropriately, etc.