Side Effects & Recall Lawsuit
Wrongful Birth Lawsuit
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Wrongful Birth Lawsuit
In a complex case, the parents of a child born with cystic fibrosis has filed a lawsuit seeking damages as a result of health care providers failure to provide the most basic care in the form of prenatal testing that would have alerted the couple to the fact that their child would be born with the fatal disease.
The parents in this case are seeking damages for the mental and emotional distress caused by those health care providers when they failed to test , diagnose and inform the couple of their child's cystic fibrosis diagnosis. They will undoubtedly face additional healthcare ciosts in caring for the terminaly ill child and seek justice in the courts as a means to help pay for these expenses.
Montana health care providers have moved to have this case dismissed on the grounds of lack of precedent in situations of wrongful birth , and have stated that this lawsuit raises both moral and political questions that should probably be addressed by state and federal laws before any form of lawsuit can proceed.
Defendants named in the lawsuit include nurse Peggy Scanson , Livingston Healthcare , Bozeman OB/GYN , Dr. William Peters, Bozeman Deaconess Health Services and Shodair Children’s Hospital Department of Medical Genetics. Damages from this lawsuit will be determined by a jury.
The couple stated that they were provided with a report indicating that the baby was healthy.

