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AMA wades into lesbian court battle

Thumper 26 September 2007 25

Following much discussion regarding expensive twins, the SMH is reporting that the Australian Medical Association (AMA) is warning that the ACT risks becoming a litigation tourist destination if the law is not changed to prevent people suing over the birth of healthy babies.

This is after a lesbian couple sued a prominent Canberra doctor for the cost of raising one of their children.


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25 Responses to AMA wades into lesbian court battle
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Maelinar Maelinar 2:00 pm 28 Sep 07

Vanity and Farming bonfire.

IVF – when we look at the history of where it came from, is artificial insemination of cattle. So a cow got inseminated… Yet another meat unit in farming terms.

bonfire bonfire 1:38 pm 28 Sep 07

i would argue that all IVF is a pointless waste of money.

its not as if humans are a vanishing species on the brink of extinction.

the only justification for all fertility treatment is vanity.

some people cant have children. thats very sad for them, but shoudl all the science invested in coming up with a solution be bettter used on some other malady affecting humans ?

BigDave BigDave 1:27 pm 28 Sep 07

Seems like a lot of people around here disagree with you.

3 or 4?
That’s not a lot of people. Hardly the majority…

Ingeegoodbee Ingeegoodbee 7:19 pm 27 Sep 07

Who would have guessed that a pair of butt-ugly pinko lesbians would want to sue because their tidy little well manicured patch of trendy alternate lifestyle got muddled up with two rather than one liitle darlings – does anyone know if the babies were both of the same sex? No prizes for guessing which one they diddn’t want if one of ’em is a boy!

GnT GnT 3:49 pm 27 Sep 07

Another one who disagrees. That’s 3 or 4 single people.

sepi sepi 3:47 pm 27 Sep 07

Often people don’t bother arguing when it’s clear the person won’t be convinced. And it’s off topic anyway.

caf caf 2:15 pm 27 Sep 07

Seems like a lot of people around here disagree with you.

la mente torbida la mente torbida 1:15 pm 27 Sep 07

Big Dave…I think the ‘vast majority’ is part of the 97% of statistics that are made up on the spot. However, not to have a single person disagree with your views makes me think you are onto something. I’ll keep my thoughts to myself.

BigDave BigDave 10:47 pm 26 Sep 07

No need to apologise boomacat. You are entitled to an opinion just the same as anybody else. I don’t consider myself a bigot, I believe I’m only saying what the vast majority of people are thinking. And believe me, I’ve not spoken to a single person who disagrees with what I’ve said.
No, I don’t think that same sex couples should be allowed to adopt, have IVF etc. etc. It’s not a bigotted view. I firmly believe that a child must have the balance of both the mother and father in it’s family for it to grow up properly adjusted. That’s just my view (and countless other peoples’). And no, I don’t expect lesbians to engage in sex with men. In fact, I’d rather they didn’t full stop!
But anyway, these two knew what the score was and let’s face it, no medical procedure is 100% guaranteed. Like it or lump it!

No hard feelings!

boomacat boomacat 10:10 pm 26 Sep 07

Perhaps you should go live in the mountainous areas of Afghanistan Barking Toad, I hear the Taliban share pretty similar views to you.

noodle noodle 9:51 pm 26 Sep 07

Sorry, make that ‘loving’ home. A lovely home is a bonus.

noodle noodle 9:50 pm 26 Sep 07

This is a very sad case. But more than that I’m SHOCKED that in this day and age people are expressing opinions that same sex couples should be denied access to IVF procedures, and – worse – that same sex couples should not be allowed to be parents. Isn’t the best thing for kids to grow up in a lovely home? The gender of the parents is irrelevant.

Agree with Sepi’s points on this one.

sepi sepi 9:06 pm 26 Sep 07

So say someone was a single mother, and then formed a lesbian relationship, what would you do – lock them up and foster out the child? Or just take the child away??

barking toad barking toad 8:40 pm 26 Sep 07

1. There should be no action available when the result is the birth of a healthy child
2. ACT should legislate this despite the malpractice squeaks from the usual suspects, ie, nohope and simon the sad
3. Same sex couples should be denied access to IVF procedures
4. Same sex couples should not be allowed to be parents

Maelinar Maelinar 6:52 pm 26 Sep 07

OYM – Yes of course you idiot.

To paint an analogy: Joe Hotrod goes down to dodgy bros. to get a wind foil put on his car.

The wind foil is incorrectly installed and flips his car at high speed.

Dodgy Bros. aren’t responsible for the car flipping, the mutton who asked for the foil to be installed is.

boomacat boomacat 6:39 pm 26 Sep 07

To clarify my earlier comment, I meant to ask you BigDave, do you think that same sex couples should not be entitled to have kids? Do you think it’s appropriate to expect lesbians to engage in sex with men if it is psychologically and physically repugnant to them, and if it may lead to STIs?

My earlier comment was meant to come off as a question as to your position on these issues, I didn’t mean to accuse you of actually being a bigot, I just reread my comment and realised that it was a bit poorly drafted and might come off harshly.

My apologies – 🙂

sepi sepi 6:26 pm 26 Sep 07

It’s really not the same thing as an appendectomy gone wrong.

This person voluntarily underwent a procedure that could have resulted in twins even if all her wishes were followed.

She also signed a form at an earlier stage, stating that two embryos could be transferred.

She then sued when this occurred.

The outcome isn’t totally unexpected and unrelated to the procedure. And her initial discussions (and contract signing) had indicated that she wanted the procedure that occurred.

She is partly to blame for any errors that occurred.

boomacat boomacat 6:24 pm 26 Sep 07

It is not surprising that the AMA is advocating abolishing the right to sue in cases such as these, it would result in lower professional indemnity insurance premiums and associated overheads for them and an increase in profits. It’s really as simple as that, they’re not advocating this in the best interests of their patients or children.

And to say that these people were perfectly capable of conceiving naturally and only went for IVF because they “chose” not to are the words of a bigot (or someone with a complete lack of knowledge about the birds and the bees). Two women can’t make a baby together, the thought of sex with a man might very well be repugnant to them (not to mention expose them to the risks of sexually transmitted infections such as HIV/AIDS, hepatitis). If you think same sex couples aren’t entitled to have children, just come out and say it mate, at least have the courage to be honest about your bigotry.

All professionals (or their professional indemnity insurers) are liable to pay damages where negligence on their behalf causes injury to another, accountants, lawyers, engineers, why should doctors be any different?

The court will consider all the evidence and decide whether the doctor in this case was negligent, or whether he carried out his work to a professional standard in which case he is not liable to pay damages. The court is the appropriate forum to decide this question, not a bunch of ill informed selfishly motivated politicians.

OpenYourMind2 OpenYourMind2 5:39 pm 26 Sep 07

Maelinar what does this comment mean? “but on the principle that they have elected to undertake a medical procedure that did not need to be done, they have waived their rights towards malpractice issues.”
Are you saying that nobody should be able to sue for elective surgery?
What also falls in this category, cosmetic surgery, contraceptive surgery (vasectomies etc.),routine elective surgery – where does it end?

caf caf 5:08 pm 26 Sep 07

As far as I can see it’s about whether or not the patient’s expressed wishes were followed, and if not, whether that was due to a reasonably preventable accident (personally I believe that if the doctor tried their best to take into account the patient’s wishes, and correctly followed the appropriate procedures and practices, then they shouldn’t be held accountable for an adverse result. All medical procedures entail some risk.)

The issue of whether monetary compensation is appropriate in this case is a seperate issue – but consider, what if a patient went into have an appendectomy and woke up pregnant? What remedy would you suggest in such a clear-cut case of negligence with a similar outcome?

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