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Politics : Politics for Pros- moderated

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From: LindyBill	3/23/2007 8:33:48 AM
	Read Replies (3) of 793759

One Big Happy Family OVERLAWYERED In Bad Medicine No, this case isn't going to get messy: in 2004, a Long Island couple went to a fertility clinic to help them get pregnant with a biological child. Apparently, the clinic botched the procedure by using the wrong sperm (Oops!); the couple figured it out when they noticed that the child was black and they weren't. So they sued the clinic for malpractice and infliction of emotional distress. (Just for good measure, they sued their obstetrician, who had nothing whatsoever to do with the actual fertilization; the court dismissed that claim. Gee, I wonder why medical malpractice insurance rates are so high.) The court rejected the emotional distress claim, ruling that (as most courts do) a baby being born is not an injury to the parents, but it allowed the malpractice claim to proceed. Speaking of emotional distress, the judge handling the case quoted the parents as saying things every child wants to hear from her parents: "[W]e are reminded of this terrible mistake each and every time we look at her." and "We are conscious of and distressed by this mistake each and every time we appear in public.

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