Isakat

I had to post this article about an absurd rulling by an Italian court, that has rulled -It is better not to be born than to be born with Down's Sindrom.

http://www.ilmessaggero.it/primopian...e/223429.shtml

duffer

We've had 3 villocentesi done, the last of which was done this year and the test results confirmed Edward's syndrome disorder so obviously we terminated the pregnancy. It's a straightforward test, albeit with a small risk of miscarriage, that helped avoid pain and suffering for all concerned, I certainly know it would have destroyed the OH to see a child suffer from that condition. So it was our decision and in our case the right one. However, for a court to declare it's better not to have been born is just wrong and not for them to decide. For example, Brando has a friend in his swimming class that has Downs and the amount of love that little girl receives is unbelievable. I do not know and will never ask if the parents did the test but they treat her like a normal little princess. Although she's rubbish at swimming.

37100

I've been following this story for years. The press have turned it into the mother suing because she had a Down's child when it was actually a case of the mother suing because she was denied the test.

Isakat

I understand that the mother was denied the test and she should receive damages, but the court is awarding the little girl money and her siblings.
It boils down to -'here is compensation for you being born not perfect and here is money to your siblings for having to put up with you being handicapped'.
They are asking for a million euro. If a child is born handicapped as a result of medical negligence and this child is in a wheelchair, can not feed itself, brain dammaged, then I can understand, but a child with Down's syndrome can lead almost normal life.

Isakat

Duffer, I am sorry your OH had to go through this. I did not have amnio tests at all, just Nuchal scans with both( and my second one was born when I was 37 y.) Luckily, they are both healthy and I am glad I was spared the decision you both had to make. Good luck.

duffer

Thanks Isakat, at the end of the day it was a fairly 'easy' decision in that we wanted to do the test for such illnesses and although everyone hopes that the tests are negative, when they do bring bad news, the tests have done their job and we can call an end to the pregnancy. I assume this is why people do these tests however I do remember the doctor telling us that not all the couples choose to terminate even when the tests showed defective genes.

Anyway, we're still trying and hoping it will be 3rd time lucky. The OH is 41 next month but I'm strong like bull.

37100

For me, it boils down to medical negligence. The mother was denied the test. IMO the sentences is not about Down's syndrome -it could have been about any handicap. And we don't know the level of care this child needs -or not. A little boy with Down's syndrome I knew died, aged 2, but had he survived, he would have needed a heart transplant. In the past I have had the chance to see the strain even a much loved disabled child puts on a family -the whole family.

However, don't even start me on the Italian legal system.

37100

Thank-you for sharing Duffer. My take on this story does have deeper roots, but I do not want to share here.

clint

You are missing the point of this ruling entirely. Prior to this judgement the unborn child had no rights and if a child was born disabled, only the parents and/or siblings could have sued. The disabled person couldn't start legal action in his/her own name. The rulings overturn this.

Frankly I find your statement that a Down syndrome person doesn't need that level of compensation because they can live a "normal" life insulting . My cousin youngest daughter was born with Down syndrom and needed major heart surgery when she was 3 days old or she would have died. She then needed another heart operation when she was a year old. She had 4 major heart surgeries by the age of 10.

Thankfully my cousin's daughter is a fighter and now leads a "normal" life, she has gone through school, does lots of different activities including dancing and swimming the latter at competition level. My cousin is always taking her somewhere due to the amount of things her daughter takes part in. These have not come free and my cousin had to do lots of work on her own home to give her daughter what she needs including a secure future.

MarkRD

Sorry if I'm missing something here, but I really don't get this ... damages are being paid because a womand gave birth to a baby with Down syndrome?

What is the doctor being accused of, and why?

The family gets a million euros of tax-payers money????

Lorna at Vicenza

I think it's more on the lines of ....

Woman has 2 small kids and gets pregnant again. She tells the Dr that she can only cope with a 'healthy' child for various reasons so she wants all possible medical tests done.

Dr gives her a few very basic tests but not any in depth ones thinking 'well she has 2 'healthy normal' kids already and is only 29 so not in the age risk bracket.

Child is born with Down's.

Everybody ends up in court.

MarkRD

..and the family ends up with a whole lotta tax-payers' money.

This means nothing but I once had experience of a relative in Castefranco V hospital and theywere brilliant, it was like bing in a Swiss private clinic.

duffer

Don't they just kill you peacefully in Swiss private clinics?