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Posts Tagged ‘lawsuit’

Suing Over the Sex of Your Baby

Tuesday, June 16th, 2009

dr_manny_blog2About a month ago, during a routine obstetrical visit with one of my patients, she surprised me by telling me she found out she was having a baby boy. At first, I thought she meant that during an ultrasound, the technician had told her the sex of the child. But she said “No,” that a girlfriend of hers had recommended a new kit she could buy on the Internet — which allegedly is 99.9 percent accurate in determining the sex of the baby, and that for $275, she could test herself at home, and send it off to the company for the results.

At first, I was taken aback because I hadn’t heard of any such kit. But more importantly, I was upset that she did not share this information with me prior to doing the test so that I could advise her on whether or not taking this test was a good idea.

I always have a problem with people worrying too much about the sex of their unborn child. I guess I can understand it to some extent for families who want to plan ahead, who want to know whether or not to paint the room pink or blue, or to think about things like circumcision. But with all the potential problems and challenges women face in creating and carrying a child to term, it’s unfortunate that sometimes people get side-tracked with insignificant details — and it strikes a nerve with me, because it brings up the topic of sex selection.

Today I read a story about six mothers in New York City who are suing Acu-Gen Biolab Inc., makers of the Baby Gender Mentor test, because their test results proved wrong at the birth of their children! I guess they felt the company had committed fraud. I tried to reach the company today to ask them some questions, but no one wanted to speak with me.

Looking at their Web site, I couldn’t gather a lot of information, but I began to understand what the “science” is behind their test kit.

For years, in the medical community, we have known that fetal cells circulate freely in the maternal bloodstream. Many geneticists have looked at the possibility of studying these fetal cells in the maternal circulation for the purpose of testing for genetic disorders like Down syndrome. But none of the data has proven it to be a good alternative for genetic testing. Yet this company has been promoting this technology to patients directly as a “safe, quick and easy way to determine the sex of your baby.”

I don’t know what federal regulation this business has been operating under. It would be nice to see what kind of guidelines they’re using, because the last time I checked, medical laboratories need to be licensed and laboratory tests must be ordered by physicians.

Finally, what are the ethics behind such a business? Are women going to use this alleged test to decide that they might want to terminate a pregnancy because now they know the baby is not the sex they wanted? It sounds like a stretch — but you’d be surprised…

Are mothers who get faulty test results going to think that their babies were switched at birth in the hospital? And what about these women that are suing?

This case is a perfect example of wasted dollars, a perfect example of unsubstantiated medical testing, and a perfect example of the types of businesses that need to be scrutinized in this country if we’re going to see any effective health care reform.

Bullied to Death

Wednesday, April 8th, 2009

ablow052710According to William and Janis Mohat, their son Eric, a 17-year-old, was bullied to death at Mentor High School in Mentor, Ohio.  On March 29, 2007 Mohat shot himself after relentless harassment and intimidation that included being pushed, shoved and hit ― not to mention being humiliated by being called a fag, a queer and a homo.  Eric had never shown any interest in homosexuality at all.

Click here to read the full story on FOXNews.com
 
The Mohats are suing their school district, alleging that one of Eric’s teachers — Thomas M. Horvath — saw the bullying and did nothing to stop it.  Two other students committed suicide the same year Eric did.  His parents say bullying was a factor in their deaths, too.  And another parent, named Dan Hughes, reportedly withdrew his son Brandon from the school after he was picked on, non-stop.
 
The Mohats aren’t after cash.  They want to force the school system to put a comprehensive and effective anti-bullying program in place.  I think they should be after both.  I also think they should urge local authorities to press criminal harassment (and possibly wrongful death) charges against Eric’s bullies.
 
Bullying is an old problem that repeated and dogged litigation may be the only way to solve.  The litigation may have to be as relentless as the bullying itself. 
 
Schools have, for decades, either utterly ignored or done far too little to fix the bullying that takes place in their schoolyards and classrooms, cafeterias, restrooms and hallways.  Too little is done to prevent bullying, and bullies aren’t sufficiently disciplined.  Eric Mohat’s assailants, for instance, should have been identified, punished and, if they persisted, suspended from school.  Period.  The same goes for bullies in any other school district, in any other community.
 
As a psychiatrist who has treated bullies and their victims, I believe that early detection of aggressive kids and vulnerable kids, with preventive strategies targeted toward each can be effective.  But reaching deep into the souls of bullies to find out what shattered their empathy and turned them into child predators (yes, predators) can take a fair amount of time.  So when bullies are identified, the first order of business has to be to stop their emotional and physical abusiveness—through discipline, containment, suspension or expulsion.  The healing work of identifying and addressing the roots of their violence can then begin.
 
Eric Mohat allegedly lost his life to bullying.  Indeed, researchers have identified a connection between bullying and suicide.   What’s more, the U.S. Centers for Disease Control estimates that every day in this country160,000 children stay home from school because they fear bullies.
 
In my psychiatry practice, I have met adolescents, young adults and adults who bear the scars.  Bullying can cause lasting low self-esteem, persistent anxiety and major depression.  It can warp personality structure, either spawning a tendency toward irritability and violence in victims, or a tendency toward isolation and passivity. 
 
The word needs to go out loud and clear, not only from William and Janis Mohat, but from school administrators and the law enforcement community, that bullying will be seen as any other form of assault.  That means that child bullies get sent home from school and started in therapy, adolescent bullies get suspended from school or expelled (and started in therapy) and teenage bullies get their therapy, along with being suspended, expelled and/or referred to the juvenile justice system.  
 
It’s really that simple.  I hope that that any school system, school administrator or teacher who ignores bullying is sued and has to dig very deep into their pockets to pay a very significant judgment.  No amount will ever compensate victims and their families — certainly not those who lose sons or daughters to suicide.  But using litigation (or the threat of it) to shape social policy may be the fastest route to keeping our kids safe at school.

Dr. Keith Ablow is a psychiatry correspondent for FOX News Channel and a New York Times bestselling author. His newest book, “Living the Truth: Transform Your Life through the Power of Insight and Honesty” has launched a new self-help movement. Check out Dr. Ablow’s website at livingthetruth.com or e-mail him at info@keithablow.com.

Recent Headlines: Failed Vasectomy Leads to Lawsuit

Wednesday, September 10th, 2008

After reading the story about the couple in Arkansas that is suing the doctor and hospital because the wife became pregnant and miscarried after her husband had undergone a vasectomy, I understand how a patient could get upset and disappointed about having had that outcome happen to them.

But I’m also disappointed by the fact they’re rushing to sue the healthcare establishment for negligence and defamation and are seeking unspecified monetary damages.

Now, I don’t know of any procedure that is risk-free. If you go up and down the medical literature, you will always find that there is certain percentage of patients that will experience complications and/or contribute to failure rates. Therefore it seems that we must always sue any doctor who has a complication or a failure in the procedure.

My friends, if this trend continues, we will further weaken our healthcare system.

If you read medical articles written on failure rates of vasectomies, you will find that each and every one of them quotes a small but real risk of a subsequent pregnancy. I think that many folks hear “small risk” and somehow translate it into “no risk.” Failure to communicate this type of information to patients does represent a negligent act on the part of the physician, but if the information is given, then there is a mutual responsibility among doctor and patient of understanding the reality of medicine. A vasectomy can fail within the first 3 months after surgery, and even though the chances are much less, it can also fail one year after surgery.

Yes, I know I don’t have all the facts in this case, but let’s be fair about what medical science is: not always perfect.

Dr. Manny’s Notes: When Thongs Attack

Wednesday, June 18th, 2008

A rather interesting headline caught my eye today—and I’m sure you’ll understand why…

“Woman Sues Victoria’s Secret, Claims Injury From Defective Thong”

A 52-year-old Los Angeles woman is suing Victoria’s Secret claiming she suffered an injury from a faulty pair of thong underwear. It seems a “design problem” caused a piece decorative metallic material to fly off the panties and into her eye as she attempted to step into the sexy skivvies. The Smoking Gun is reporting that prior to the lawsuit, officials from Victoria’s Secret had asked to see the fabric offender, but were refused by the woman’s lawyer.

Now this seems like a ridiculous claim to me. Rather than suing the company, she should be thankful that she is avoiding the possible health risks associated with sporting these skimpy undergarments.

While there is not much published research on the subject, I can offer some anecdotal research from my 25 years of seeing female patients as an OB/GYN doctor. And ladies, I’m sorry to tell you that no matter how sexy they make you feel, no matter how many panty line nightmares they have saved you from, or how “comfortable” they may be—they do increase your risk for infection!

There is indirect evidence to suggest that the chronic use of a thong can lead to a bladder infection. Remember there are many kinds of bacteria lurking in the vagina and around the anus. Also the female urethra is very short. So the presence of that thin strip of fabric in this area could increase the likelihood of bacteria exchange into the female bladder, ultimately causing a urinary tract infection to develop. Other problems that have been reported by “chronic-thong-wearing-women” are clitoral irritation, chafing or lacerations to the anus, and vaginal infections.

Now I’m not condemning thongs completely but it’s important to take into account a woman’s individual gynecological history. Remember, what might be right for some may not be right for others.

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