PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

Ohio Supreme Court Limits Recovery for Wrongful-Birth Negligence

In 2006, the Ohio Supreme Court ruled that the "limited-damages rule" applied to wrongful-birth cases in the state. Since the decision, parents wishing to seek compensation for injuries that resulted from a doctor or hospital's wrongful birth negligence have discovered limitations on the monetary recovery available.

2011-01-13
January 13, 2011 (Press-News.org) In 2006, the Ohio Supreme Court ruled that the "limited-damages rule" applied to wrongful-birth cases in the state. Since the decision, parents wishing to seek compensation for injuries that resulted from a doctor or hospital's wrongful birth negligence have discovered limitations on the monetary recovery available.

The Case
In Schirmer v. Mt. Auburn Obstetrics & Gynecologic Assoc., Inc, the plaintiff, an Ohio woman, suffered from obstetric problems. The problems lead her to seek genetic testing and counseling before conceiving a child. The genetic tests, however, revealed that she had a chromosomal condition that increases the risk of her bearing a child with serious birth defects if she were to conceive.

The woman became pregnant. Following further testing, doctors informed the woman that the child would develop normally. As a result, the woman decided to continue her pregnancy.

However, the child was born with a structurally-abnormal chromosome (known as Trisomy 22). As a result, the child would suffer significant disabilities for the rest of his life.

Ohio Parents Allege Medical Malpractice for Birth Defects

In 2002, parents of the child brought a wrongful-birth lawsuit against the doctors and their clinic, alleging medical malpractice. The parents claimed that the doctors were negligent because they did not properly perform and interpret diagnostic tests and that they failed to recommend further testing that would have revealed the child's genetic abnormality. The parents asserted that, with such information, they would have opted to terminate the pregnancy.

In the lawsuit they requested damages for:
- Pregnancy and birth costs
- Consequential economic damages, including the increased costs associated with raising and supporting a child with disabilities
- Consequential noneconomic damages, including the added emotional and physical impact of raising and supporting a child with disabilities

The doctors and their clinic argued, however, that Ohio law does not allow recovery for consequential economic damages or consequential noneconomic damages in wrongful-birth cases.

The Court's Decision to Limit Recovery

The case made it all the way up to the Ohio Supreme Court. In 2006, the Ohio Supreme Court (agreeing with the doctors) ruled that the limited-damages rule did apply to wrongful-birth lawsuits in Ohio and therefore the parents could not recover for indirect costs associated with the wrongful birth of their child. In other words, the ruling means that parents who sue for medical malpractice in a wrongful-birth case can only recover damages for the costs directly associated with the mother's pregnancy and the birth of the child. The parents may not be compensated for the financial or emotional and physical costs of rearing a child with disabilities.

The Court's Reasoning

The Court justified their decision and stated that by allowing recovery for consequential damages judges or juries would then have to compare "the value of being, albeit with disabilities, versus nonbeing" when deciding the additional costs incurred by having a child with disabilities.

The Court said that weighing the relative merits of a person's life compared to his or her nonexistence "falls within the ambit of moral, philosophical and religious considerations" and is not fit for judicial evaluation. Therefore, consequential economic damages and consequential noneconomic damages may not be awarded to parents in a wrongful-birth lawsuit.

The Impact of the Court's Decision

The Ohio Supreme Court's 2006 decision in Schirmer significantly impacts the types of recovery available in Ohio for wrongful-birth cases.

Today, parents can only recover damages for their obstetrical costs, and unfortunately, are not allowed to recover for the costs of supporting a child with disabilities.

Experts nationwide agree that the costs of raising a child with a disability are significantly higher than raising a child without special needs.

If you suspect medical negligence played a part in the birth of your child, speaking with an experienced Ohio wrongful birth lawyer is recommended.

Article provided by The Becker Law Firm
Visit us at www.ohio-birthinjurylawyers.com


ELSE PRESS RELEASES FROM THIS DATE:

Research Indicates Rise in Women Franchise Owners

2011-01-13
Since the 1970s, the number of women franchise owners has steadily grown. The International Franchise Association estimates that 25 percent of today's franchise owners are women and another 17 percent are jointly owned by men and women. Further, according to the Center for Women's Business Research, the increase in women-run businesses is not exclusive to franchises. The Center estimates that 40 percent of privately held U.S. businesses are female-owned. What Accounts for the Rise in Female-Run Businesses? The Small Business Administration (SBA) has been monitoring ...

Austin Business Sued for Allegedly Violating Non-Compete

2011-01-13
When companies draft employment contracts, or agreements for the purchase and sales of businesses, they often include non-compete clauses. These covenants not to compete generally say that the employee or seller of the business agrees not to work within a particular field, in a specified geographic area, for a certain period of time. In the current economic climate, many people are concerned with just finding a job or selling their business in these uncertain times; these parties may not consider the gravity of agreeing to a non-compete clause. Often times, the consequences ...

NHTSA Proposal for Backup Cameras

2011-01-13
According to the National Highway Traffic Safety Administration (NHTSA), a division of the Department of Transportation, last year, more than 4,000 pedestrians were killed in traffic-related crashes, and another 59,000 pedestrians were injured. Every eight minutes, a pedestrian is injured in a car-related incident. Every two hours, a pedestrian is killed as result of a traffic-related crash. While the NHTSA has a number of comprehensive pedestrian safety programs, the agency has also mandated that automobile manufacturers make changes to improve pedestrian safety. In ...

Kuoni Launches Its 'We Know What You're Thinking' Sale Campaign

2011-01-13
Kuoni, the luxury tour operator, has launched its innovative 'We know what you're thinking' marketing campaign, injecting personality into the search by travellers for a break away from the UK's winter gloom. Kuoni's luxury holidays offer premium service, destination insight and affordability as well as allowing customers to enjoy savings of up to 40%, plus an additional 5% discount online. To convey this message in an engaging way, the tour operator has designed a campaign that resonates with customer sentiment and needs as they think about planning their time away ...

Looking Younger & Fresher in the Workplace by a La Jolla Plastic Surgeon

2011-01-13
Finding and keeping good jobs are more difficult than ever, especially during these economic times. Also, unfortunately there is a youth bias, in which the employers feel that youthful employees may have more energy, be more enthusiastic, and make a better impression. While this is frequently not the case, and there is no substitute for knowledge and experience, this orientation towards appearance can be detrimental to many very capable individuals. A number of people, both male and female, recognize that in the aging process, they may look more tired or older than they ...

Links.com For Sale On Flippa.com

2011-01-13
Links Online, LLC, is pleased to announce that the rare and high quality premium domain name Links.com is for sale on Flippa.com. Links.com, a domain name that arguably defines the World Wide Web, is a spectacular name for any corporation that is seeking to brand a new product or service with a name that is both instantaneously memorable and so strongly connected with the Internet. "We have chosen the very popular and highly regarded marketplace, Flippa.com, as our initial platform so that the sale of our super premium domain gets the maximum amount of visibility among ...

Celebrate the Secret Society of Happy People Celebrates the 10th Annual Hunt for Happiness Week by Hunting for the Happiest Person

Celebrate the Secret Society of Happy People Celebrates the 10th Annual Hunt for Happiness Week by Hunting for the Happiest Person
2011-01-13
Celebrate the 10th Annual HUNT FOR HAPPINESS WEEK: January 16 - 22, 2011 & Hunt for the Happiest Person The Secret Society of Happy People will celebrate the 10th Annual Hunt for Happiness Week beginning January 16, 2011. The purpose of the week is to encourage people to actively seek happy moments. The Secret Society of Happy People for the first time is also hunting for the Happiest Person and will present them with an official Secret Society of Happy People Happiest Person Medal and Certificate plus other Society stuff. Nominations can be made at www.sohp.com. ...

2011 Is "The Year of the Mouth" Declares AAOSH President

2011 Is The Year of the Mouth Declares AAOSH President
2011-01-13
The Chinese have designated 2011 "The Year of the Rabbit," however, the bunnies are being asked to step aside because the president of the United States' fastest growing health organization, The American Academy for Oral Systemic Health (AAOSH) is proclaiming the year 2011 as the "Year of the Mouth." AAOSH is taking a stand that the mouth is the first place to start for overall body health and longer life. In recent years the studies have been piling up connecting poor oral health to the deadliest of diseases including heart disease, stroke, cancer and diabetes. Oral health ...

Announcing Launch of the First Real VIP Program with Assured Winning Chances for All

2011-01-13
The most exceptional aspect about Cashtherake.com is the fact that unlike many casino websites you may log onto, with us you will have no fear of losing. All you need to do is keep playing more games to win more prizes. Our Casinos Cash Back packages makes sure that no one goes empty handed from our casinos. This may sound "too good to be true", but it is for a fact the most unbelievable Casino VIP Program you have ever noticed. Follow the basic registration process to become our valued member and we will take care of all your gambling needs with the best quality casino ...

Is Eastern Europe Set to Become 2011's Top Budget Travel Destination?

2011-01-13
Just as the tight security restriction surrounding Chernobyl are finally relaxed, leading travel company DialAFlight is predicting a surge in tourism to Ukraine and a continuation of last year's trend for Eastern European travel in 2011. Twenty five years after the tragedy that befell Chernobyl came to pass, the Ukraine has deemed it safe to open the nuclear power plant to tourists. The 'Exclusion Zone', which has always been shut to the tourist industry on the grounds of dangerous radiation and sensitivity to the disaster, will now be accessible on tourist trails of ...

LAST 30 PRESS RELEASES:

Scientists unlock secrets behind flowering of the king of fruits

Texas A&M researchers illuminate the mysteries of icy ocean worlds

Prosthetic material could help reduce infections from intravenous catheters

Can the heart heal itself? New study says it can

Microscopic discovery in cancer cells could have a big impact

Rice researchers take ‘significant leap forward’ with quantum simulation of molecular electron transfer

Breakthrough new material brings affordable, sustainable future within grasp

How everyday activities inside your home can generate energy

Inequality weakens local governance and public satisfaction, study finds

Uncovering key molecular factors behind malaria’s deadliest strain

UC Davis researchers help decode the cause of aggressive breast cancer in women of color

Researchers discovered replication hubs for human norovirus

SNU researchers develop the world’s most sensitive flexible strain sensor

Tiny, wireless antennas use light to monitor cellular communication

Neutrality has played a pivotal, but under-examined, role in international relations, new research shows

Study reveals right whales live 130 years — or more

Researchers reveal how human eyelashes promote water drainage

Pollinators most vulnerable to rising global temperatures are flies, study shows

DFG to fund eight new research units

Modern AI systems have achieved Turing's vision, but not exactly how he hoped

Quantum walk computing unlocks new potential in quantum science and technology

Construction materials and household items are a part of a long-term carbon sink called the “technosphere”

First demonstration of quantum teleportation over busy Internet cables

Disparities and gaps in breast cancer screening for women ages 40 to 49

US tobacco 21 policies and potential mortality reductions by state

AI-driven approach reveals hidden hazards of chemical mixtures in rivers

Older age linked to increased complications after breast reconstruction

ESA and NASA satellites deliver first joint picture of Greenland Ice Sheet melting

Early detection model for pancreatic necrosis improves patient outcomes

Poor vascular health accelerates brain ageing

[Press-News.org] Ohio Supreme Court Limits Recovery for Wrongful-Birth Negligence
In 2006, the Ohio Supreme Court ruled that the "limited-damages rule" applied to wrongful-birth cases in the state. Since the decision, parents wishing to seek compensation for injuries that resulted from a doctor or hospital's wrongful birth negligence have discovered limitations on the monetary recovery available.