Gynaecologist must pay child support - failed contraceptive implant

[The Straight Story]

Gynaecologist must pay child support

A German doctor has been ordered to pay child support to a patient who got pregnant with a contraceptive implant.

The precedent-setting ruling by Germany's Federal Court gives both parents, who are not married, the right to receive child support from the doctor until their son reaches adulthood.

The unnamed gynaecologist from Suedbaden inserted a contraceptive implant into the arm of the woman in 2002. But the woman later found she was pregnant after it was too late for an abortion.

The woman, 25, also unnamed for legal reasons, took the gynaecologist to court, claiming she was unable to continue her work as a kindergarten teacher and could not support herself and the child.

http://www.ananova.com/news/story/sm_2079046.html

[VelmaD]

1. OK...this I don't agree with

Unless the doctor did not communicate properly with this woman that no form of birth control is 100% effective, I'm not sure how he's at fault.

On the other hand, I would like to see doctors, pharmacists, and hospitals who outright refuse women birth control, emergency contraception, or abortion services have to pay child support.

[eyesroll]

7. I thought I saw in another story about this that the implant was not inserted properly.

If the doctor was negligent, then yes -- there should be damages awarded.

If it was just regular old contraceptive failure, then no, he's not at fault (assuming he disclosed the risks).

[VelmaD]

10. that's different then

If he didn't implant it properly, then the jury/judge may have gotten this one right. I'll have to go do a little research...get more details on what happened.

[liberalhistorian]

9. Agree totally, this is absolutely ridiculous.

What the hell was the court thinking? NO form of birth control, not even the pill, is 100% effective and NO doctor can absolutely guarantee that you won't get pregnant while using a particular form of birth control. Unless he didn't implant the device correctly, and I see no evidence of medical negligence on that score in the article, I really fail to understand how he can be held in any way accountable. Looks like the couple just wanted a free ride away from their own financial responsibility.

I really hope this doesn't catch on in this country, there wouldn't be any more OB-GYNs, and you really couldn't blame doctors at all for it. They already have the highest malpractice premiums of any specialty, and more than enough stress; they're often blamed for things that they have no control over.

And you're absolutely right, any doctor or pharmacist who refuses birth control to a woman without a bona fide medical reason, and who substitute their own "moral" judgments in place of medical judgment, should definitely have to pay child support.

[ck4829]

2. Why can't we force the 'christian' right to provide child support?

They're always shrieking about stopping abortion, but when it comes to social programs and welfare, they always disappear, what's up with that?

[mindfulNJ]

3. good grief

Why anyone would want to go into the medical field is beyond me.

[Sequoia]

8. So they can star in a TV hosipital show.

But yeah, too much to remember.

[MADem]

4. Wow, they might end up with a serious doctor shortage if that shit stands

Unless there was gross negligence on the part of the doctor, that's just crazy. There's always a percentage of failures in any procedure. I guess all those enormous liability statements have their place. And then, there's this:

Justice Gerda Mueller of the Federal Court refused to take into consideration the fact that the woman has had a second child since she filed the original complaint.


Can two live as cheaply as one? Sheesh.

[gkhouston]

6. WHAT? She's got a second kid now?

Is this court insane? Not even sterilization is 100%.

[Lance_Boyle]

5. Why the GYN and not the manufacturer?

Was it a botched procedure, or a faulty drug/device? I would think that if the drug/device was applied correctly, the doc should be off the hook and the manufacturer should be footing the bill. But I guess since Wyeth-Ayerst is an American company, it might be hard to hold them accountable.

[Ravenseye]

11. Wow

That's fucked up. I guess that essentially makes that contraceptive implant no longer available in germany eh? No doctor there would even begin to think about using that again.

Unless there is something missing from this story involving gross negligence on the part of the doctor (like he put in an implant he knew was empty and would never work) then this is probably one of the most insane rulings I've ever seen.

[kestrel91316]

12. DUers please note this happened in Germany where US laws

do not apply.

Has ABSOLUTELY NO implications for the US.

[Maiden England]

13. Apart from the fact it inserts terrible ideas into the tiny minds of the sheeple.

Some nutter will read this and decide to sue they OBGYN