national
—
Battalion/Page 9
July 28, 1982
Experts say rulings force
obstetricians to ‘play God’
o poweri
[ITESOS
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Stop ...or something
photo by Shelley Emshoff
This newly placed sign on the
corner of Nagle and Foster streets,
across from H.C. Heldenfels Hall,
gives detailed directions on how to
turn on a street that is one-way to
the left and two-way to the right.
It’s a good thing it’s on campus:
A degree in traffic planning may
not be absolutely necessary for
decoding the sign, but it helps.
United Press International
SAN FRANCISCO — The
advancement of medical tech
nology allowing doctors to de
tect defects in unborn children
also forces them to “play God”
under a recent ruling by the
California Supreme Court, legal
medicine experts say.
“If you look at what God used
to do, namely, take care of the
problem (through miscarriage
or living life with a deformity),
and that’s left to doctors now,
then doctors are playing God,”
said San Francisco attorney
Allan D. Jergesen, who special
izes in medical law.
“The real ethical dilemma
comes from deciding what to do
when tests show a deformity in
the fetus.”
On May 3 the court ruled that
Joy Turpin, 4, who was born
deaf, had the right to sue her
parents’ doctor, AdamJ. Sortini,
for being born. Before Joy’s
birth, Sortini told the Turpins
their first daughter’s deafness
was not genetic and they would
not likely produce a second deaf
child.
Joy, like her sister, Hope, is
deaf.
The Turpins said if they had
known they had a one in four
chance of producing another
deaf child, they never would
have conceived Joy.
“The actual fact that the child
was born is the injury,” Jergeson
said. “You don’t need to have a
defective child for this. You can
have a healthy baby boy or girl
and still have a case in this
budget deficit may be billions
ore than originally projected
TWINS"
idler bet
including
lead l#: United Press International
WASHINGTON — The re-
bion, prolonged by high in-
7 - Mest rates, probably will add
)on Bawveral billion dollars” to the
i twooui■ejected deficit for 1982 and as
3th todriluch as $35 billion to the 1983
secondbapficit, Congress’ chief econom-
inningRiltsaid Tuesday,
he Angel [ Alice Rivlin, director of the
Ingressional Budget Office,
told the Senate Budget Commit
tee the effects of the recession
could lead to deficits than ex
ceed current projections by
more than $50 billion by 1985.
Treasury Secretary Donald
Regan said Sunday the 1983 de
ficit — now projected at $104
billion — could be $10 billion
larger.
Rivlin said tax collections
?s Manhattan man is
ed Pepper millionaire
Oklahon United Press International
4 win ow NEW YORK — A Manhattan
Han, 44, was chosen Tuesday as
■heda\ the winner of Dr Pepper’s $1
io had .ittillion “Be a Pepper Mil-
Wilkinsiipnaire” sweepstakes.
Fennessfii Robert A. Healey, a hearing
^earaf! Officer for the New York State
allege, pxCommission, was presented
nes,the!#< heck for $100,000 by Marvin
dtheWtsfiiller, the actor who used to
irth edgffcve away $1 million a show on
Re old television series “The
er Indiarflillionaire.”
, baniaci “I have a lot of experience in
the worjhanding out checks but this is
took a dijthe first time I’m handing out
ision o'tpe that isn’t phony,” said Mil-
MarretF, who played the character
dd medPichael Anthony on the show,
tavides, I Healey, who will receive the
champioJl million in 10 annual pay-
of Nortpents, said he was not surprised
m Ste'Rhen lie learned Monday that l
) a uibi» had been chosen as one of six |
i w innet; He said he had an “unex-
,er at iJ Pjainable feeling” that he would "
it 139 ad "w' 11 ev en before he placed the -
5 |rst of about 100 entries. k
; TuesdJ Healey, who is divorced, said
Arena aitp plans to use the money for
im, vdiflW vestmen ts and to travel. His
name was picked by MHler from
’ million entries.
Dr Pepper said Healey, a for-
ler resident of North Adams,
deVrie;
aid.
Mass., got the winning entry
with a Dr Pepper purchase at a
Sloan’s supermarket in Man
hattan.
through June indicate revenues
for fiscal 1982, which ends Sept.
30, will be $3 billion to $8 billion
less than expected.
“The lower-than-expected
revenue base for 1982, com
bined with the slightly lower real
growth and lower inflation for
1983 in the CBO forecast, imply
appreciably lower revenues than
estimated,” she said.
“The net effect of these reesti
mates could be to add $25 billion
to $35 billion to the 1983 budget
deficit.”
In later years, Rivlin said,
those same conditions could in
crease projected deficits by $40
billion to $55 billion in 1984 and
$50 billion to $65 billion in 1985.
Large deficits “will continue
to be a problem for the foresee
able future,” she said, adding
additional tax increases and
spending reductions could be
I 11
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(wrongful birth) area of the
law.”
For example, if a woman has
had a tubal ligation and believes
she can no longer become pre
gnant, and then she finds her
self pregnant because of negli
gence on the part of the doctor
who performed her steriliza
tion, she can sue him for wrong
ful birth — even if the baby is
perfectly normal.
The question of wrongful
birth — suits brought by parents
who claim their doctors’ negli
gence caused their child to be
born — is “scarcely controver
sial,” Jergeson said.
Appellate courts in 10 states
consistently have ruled parents
should be able to recover dam
ages in the event a doctor’s negli
gence allowed a child to be born,
where, if the doctor had pro
vided due care, the child would
not have been born.
Typically, the damages in
wrongful birth cases include the
extra costs of rearing a disabled
child and compensation for phy
sical and mental pain and suffer
ing, although calculating the
damages is difficult.
The case of Turpin vs. Sorti
ni, in which the deaf child
sought damages for herself,
constitutes wrongful life. And
unlike the generally accepted
wrongful birth suits that have
sprung up since 1975, it is quite
controversial.
The Turpin case was a joint
action — wrongful birth
brought by the parents and
wrongful life brought by the
child.
In the wrongful birth suit, the
parents proved negligence on
the part of Dr. Sortini and won
the right to sue for the extra
costs of raising a deaf child. Joy,
who won the right to sue for
wrongful life, probably will re
ceive no money because double
recovery of damages is un
lawful.
Dr. David Rubsamen, a con-
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216 N. Main 799-2786
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8008 Post Oak Mall.. 764-0010
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Texas State
m Orticae oe
Since 1935.
sultant on legal medicine, said in
the Professional Liability News
letter that the wrongful life ac
tion is important only if the pa
rents happen to die.
The irony of the modern-day
technology, which allows doc
tors to determine whether a
fetus is healthy, is that it in
creases the probability of mal
practice suits.
“It is ironic that the medical
advances which save so many
lives and prevent so much disa
bility would contribute substan
tially to the rapidly growing
problem of obstetrical malprac
tice,” Rubsamen said. “Califor
nia has a large coterie of mal-
[ >ractice attorneys. And the pub
ic is looking upon doctors as
people who can make mistakes
while holding them to high stan
dards — sometimes higher than
reasonable.”
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required next year to achieve
longer-run deficit targets set by
Congress.
“However,” she added, “the
failure of interest rates to de
cline, despite falling inflation,
lead us to anticipate a somewhat
less robust recovery than
seemed likely a few months
ago.”
Rivlin said the CBO foresees
“moderate” growth in the gross
national product during the
second half of the year and a
drop in unemployment to 8.8
percent in 1983.
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