Diagnostic ultrasonography: certain legal considerations.

James, A. Everette; Fleischer, Adiel; Thieme, Gary A.; Bundy, A L; Sanders, R C; Johnson, Bonnie; Boehm, Frank H.

doi:10.7863/jum.1985.4.8.427

Cited by 9 publications

(1 citation statement)

References 5 publications

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“…13 If sonography represents a "perfect" test, then should it not be employed in every pregnancy? In this medical environment, what then is standard of care?…”

Section: Role Of Sonographymentioning

confidence: 99%

Wrongful life and wrongful birth. Implications for diagnostic sonography.

James

Fleischer

Boehm

et al. 1989

Journal of Ultrasound in Medicine

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The recent focus upon fetal and infant rights has involved the ultrasound physician in a number of cases of great importance, but precedents have not been clearly established nor have the ultrasound physician's roles been clearly defined. The societal issues involved are exceedingly complex. We believe that if these issues were better understood and could be appropriately char· acterized by those formulating policy, the response to perceived societal demands would be more appropriate. We believe that this communication will provide some assistance in this regard and intend to review certain basic concepts to initiate this process. For example, the concepts of wrongful birth and wrongful life are often confused and are often used interchangeably, which is inappropriate. These and other issues will be addressed. TERMINOLOGYWrongful birth cases are based upon the legal theory of breach of duty by a physician in performance of practice or in communication of medical information about potential fetal malformations with due care. To be actionable, the parents must establish that inadequate warnings of potential anomalies had been given by the physician or that inadequate or inappropriate diagnostic studies had been performed. The damages recovered by the parents in such a case include the expenses of the child's medical treatment as well as compensation for custodial and educational ones also. These compensatory damages should be directly attributable to the infant's or child's defective condition. Medical and education expenses, as well as mental anguish and emotional stress, have also been found to merit compensation in certain cases of wrongful birth.

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“…13 If sonography represents a "perfect" test, then should it not be employed in every pregnancy? In this medical environment, what then is standard of care?…”

Section: Role Of Sonographymentioning

confidence: 99%