Question

. Earlier today Kerry came to see you as her attorney. She informed you that she is 16 years old and she suffers from congenial rubella syndrome. Kerry alleges that Dr. McDonnell was negligent in treating her mother by failing to determine, at six gynecological visits with her mother, whether her mother was immune from rubella and if not immune to vaccinate her mother for rubella. A rubella vaccination would have prevented Kerry from now suffering from rubella. The facts more particularly are, Kerry’s mother Denna treated with Dr. McDowell for six gynecological visits relating to Donna attempting to become pregnant. Ten months after Donna’s last appointment with Dr. McDowell, Donna gave birth to Kerry with numerous congenital defects attributable to congenital rubella syndrome. Discuss the legal issues presented.

Answer 1

The legal issue which can be raised here are

• Against the doctor who provided obstetric care for her mother and failure to detect congenital anamolies and prevented a birth of a child with severe birth defects.
• Failure of the doctor to check the mother for Rubella vaccinations or conduct any tests to prevent it effects
• The child can definitely Sue under wrongful birth
• The medical negligence can be taken into account by the child to get the compensation