November 16, 200520 yr A blind and deaf Australian woman who claims she never should have been born is suing a doctor for a lifetime of suffering in the country's first "wrongful life" suit. Alexia Harriton, 24, is seeking compensation from the doctor who misdiagnosed rubella in the first trimester of her mother's pregnancy, claiming Olga Harriton would have aborted her had she been aware of the potential birth defects arising from the illness. Lawyers for the Sydney woman argued in Australia's highest court Thursday that Dr. Paul Stephens is liable for the costs arising from a lifetime of medical treatment that Harriton needs to survive. His negligence resulted in the birth of a child who is "profoundly disabled," a media spokesperson for the law firm representing Harriton told Courttv.com. http://www.courttv.com/news/2005/1110/harriton_ctv.html
November 16, 200520 yr QUOTE(sox4lifeinPA @ Nov 16, 2005 -> 12:50 PM) AUSSIE AUSSIE AUSSIE!!!! OYE OYE OYE!!!
November 16, 200520 yr I can't relate to anyone being blind or deaf. But how would she know who to blame? I don't know how blind and deaf people learn either, I'm sure there's a way.
November 17, 200520 yr QUOTE(WilliamTell @ Nov 16, 2005 -> 07:50 PM) I can't relate to anyone being blind or deaf. But how would she know who to blame? I don't know how blind and deaf people learn either, I'm sure there's a way. Ummmm, Braille? Signing in hands? Surely you've seen/read/heard of Helen Keller and/or The Miracle Worker.
November 17, 200520 yr This seems to shed a little more light on one aspect of the story: MEDIA RELEASE - 29 April 2005 “WRONGFUL LIFE” CASE TO GO TO HIGH COURT IN TEST CASE The High Court will hear a test case involving an appeal against a decision not to recognise a medical negligence claim by a child born severely disabled. The High Court sitting in Sydney today granted special leave to allow the case to proceed. Lawyers for one of the applicants, Alexia Harriton, said the case would be a first in Australian law. While the courts have long recognised the rights of parents of disabled children born after medical negligence to sue, this is the first time the highest court in the land will consider the child’s rights, according to Maurice Blackburn Cashman’s Anna Walsh. Ms Walsh said Alexia Harriton’s family were very pleased to have their day in court, after 10 years of legal battles. The NSW Court of Appeal last year decided in a 2-1 judgment to reject the medical negligence claim of two severely disabled children, including Alexia Harriton. Alexia Harriton, who is now 24, is deaf, blind, and physically and mentally disabled. Her lawyers allege that a doctor negligently failed to diagnose rubella infection early in her mother’s pregnancy and wrongly reassured the mother that her unborn child would not be affected by rubella. Her lawyers deny that she is complaining about being born. They maintain that since the doctor’s negligence resulted in her being born with disabilities which the doctor failed to warn her mother about, the doctors should be responsible for at least the costs arising from her severe disabilities. Media inquiries: (02) 9261 1488 or Kerry O’Shea at Maurice Blackburn Cashman on 0407 874024 http://www.mauriceblackburncashman.com.au/...ongful_life.asp
November 17, 200520 yr That's a whole different spin. And to prove a dr's negligence in that setting I would think would be difficult... but I don't know the details of the case, either.
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.