DUE SEPT 19 Worksheet wrongful birth-1
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Riverside City College *
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MISC
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by PrivateIron10246
RIVERSIDE CITY COLLEGE -35 points +5 points for
this worksheet uploaded Monday, by 11:55 p.m.
(35 points) otherwise due Tuesday by 11:55 pm.
WORKSHEET
35 points + 5 points for this worksheet if uploaded Monday night.
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Worksheet wrongful birth
https://caselaw.findlaw.com/ct-supreme-court/1414386.html
Students need to read the above article and answer the questions
below
1. What is the name of the case and citation?
Burns v. Hanson Conn. (1999)
2. What court made the decision in the above-linked case?
Supreme Court of Connecticut
3. What are the facts of this case?
(Use only two to three
paragraphs).
a) The plaintiff has Multiple Sclerosis that is
undisputed.
b) The defendant was her primary OBGYN for many
years and is obligated to provide an acceptable
standard of care.
c) The defendant advised the plaintiff to consider
having tubal ligation in late 1991.
d) Theplaintiff participated in a radiation treatment
program in May/June 1992 and agreed to practice
birth control for the following 4 years (until 1996).
e) The plaintiff discontinued her birth control
methods in early 1993 less than one year of the 4
years required by the radiation treatment
program.
f)
The plaintiff visited the defendant for a scheduled
office visit in April 1993 and was not informed of
her pregnancy.
g) The plaintiff had a child in Oct. 1993.
4. What was the issue that this court had to resolve? (what
question did the appealing party want the court to
resolve?
a) Negligence and medical malpractice.
b) Revisit the propriety of the pretrial ruling that
struck a count in the plaintiff's original complaint.
c) Consider whether the jury instruction and
evidentiary rulings during the trial impaired full
jury consideration of the petitioner's claims for
recovery.
5. What were the appealing party’s contention(s) in asking
this court to review this case?
The plaintiff contends the trial court improperly ruled
her case on 6 different grounds. See Appellate Claims
in court document.
6. What was the court’s rationale in arriving at its decision?
I can't find the answer to the courts' rationale and
how they arrived at their decision.
7. What were the dissenting judge’s arguments?
The dissenting judge’s argument was that this case
is setting a precedent opportunity for a perfectly
healthy parent to recover damages for the cost of
raising a normal healthy child when there are other
states that rejected an award of such damages.
8.
EXTRA CREDIT: (5 points) Do you agree with the majority’s
position or with the dissenting judge’s position?
Explain
your response.
Although I don’t know all of the rules of the court, my
heart goes out to the plaintiff, but I unfortunately believe
that both the defendant and plaintiff are at fault. I
believe the defendant was negligent and did provide an
acceptable standard of care. I also believe that the
plaintiff was careless in her actions when she did not
continue her birth control after radiation along with not
taking responsibility for getting her tubes tied.
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