March 24, 2014
Case: Negligent Sterilization
1. I think I do agree with the court’s decision because Seslar had a very healthy baby. There was no harm done to the baby, the baby doesn’t have any kind of medical conditions. I think Seslar should be a little upset at the fact the she still had a baby even though she had surgery that was suppose to stop her from having children. After reading the case many times, now I get to the point where I don’t know if I agree with the court’s decision. I think it is kind of hard to make a decision because the doctor did not harm or hurt Seslar in any kind of way. I think that she may be emotionally hurt because she is having another child and may not be able to afford the expenses that come with it. But I think after having the surgery and still being able to have a healthy child, if it was me I wouldn’t go ...view middle of the document...
The court doesn’t know if Seslar was mentally ready to have this baby. It could be really hard in her life right now, maybe that’s the reason she wanted to have a procedure to stop having children. The court doesn’t know her circumstances so maybe that’s the reason she decided to sue. I think that I would also choose to disagree with the court’s decision based on the amount of money it would take to raise a newborn child. I think that the people in the court didn’t look at the big picture here. They should see that raising a child is hard work and it takes a lot of money to raise a newborn baby. I think that giving her some kind of money that helps with raising the child will only help Seslar, because it is not her fault that the baby is here. I blame the doctor 100% because his job was to make it where she did not have a child, but she did so she should get some kind of reward that will not only benefit her but the baby as well.
3. I think an ethical issue in this case is the fact that Seslar went in for a procedure that should stop her from having children, but she still had a baby. I think that Seslar wouldn’t be able to sue the doctor because according to the 4 D’s of medical malpractice she did not cover them all. The first is Duty, I’m sure she had a relationship as far as patient to doctor. So as soon as they met, it was her doctor’s duty to treat her with what ever procedure she wanted. Next is Dereliction, which means the physician breached his duty to you by not adhering to the standards of his profession. Then there is Direct Causation, and I think this would be hard for Seslar to prove because she was not given anything as far as medication that the doctor knew she would become allergic to that would make her have some kind of reaction. Finally, Damage, she was not damaged in any kind of way. I honestly think Seslar would have a hard case, and if she is capable of being able to sue then I believe she would have a hard time because she really didn’t have anything harmfully done to her. It’s just the simple fact that she had a baby when she was not suppose to.