Mother sues for R6m in Down's syndrome case

Johannesburg - A claim for damages of at least R6m for the "wrongful suffering" of a child born with Down's syndrome was heard in the Constitutional Court, The Times reported on Friday.

The mother, who cannot be named to protect the child's identity, wanted the foetal assessment centre in Claremont to pay damages for failing to recognise that her unborn son was at "very high risk" of Down's syndrome, according to the report.

Had she known the severity of the risk, she would have aborted the foetus, according to the report.

Instead of the parents having to bear the costs of caring for the child the foetal assessment centre should be responsible, she argued.

The High Court in Cape Town dismissed the mother's application earlier this year.

The Claremont centre opposed the application.

Citing case law, the high court noted that such a claim, which would require a court to determine whether a child should have been born,"goes to the heart of what it is to be human, [something that] should not be asked of the law".

But in the Constitutional Court, the mother denied basing her damages claim on "wrongful life", instead making the novel claim of "wrongful suffering".

She said that instead of considering whether her son should have been born the court should determine whether the centre's alleged negligence should result in it paying damages, according to the report.

Judgment was reserved.

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Cindy Naude 2014-08-29 08:57:51 AM
Wow you wretched cow! I am speechless
Johan Van Der Vyver 2014-08-29 09:00:05 AM
She would have terminated the pregnancy? That would have been murder!
Chris Ronald Rodrigues 2014-08-29 09:02:20 AM
How can u even think of terminating a life murder is murder get over yourself you have a blessing in the form of a life you weak woman.No wonder this world is messed up lets just kill unborn child it has no life.The child is alive the moment it grows do us a favour a research how they destroy a precious life
Bonnie Cape 2014-08-29 09:05:03 AM
"Wrongful life"?! How can that even be a recognised term?!
Sarah Stanton 2014-08-29 09:07:11 AM
I know of a young couple who have a similar story. As much as they love their child, the reality is that this will destroy them financially for the rest of their lives. The little one needs special care, which means that their finances are *always* drained. No matter which way you argue it, this is not the life they would have chosen for their child. When they die, this child is emotionally and financially dependent on them, again, her quality of life will be savagely impacted. There is no happy ending to this story. I am pro life. But having said that, I am also a realist.
Weetabix 2014-08-29 09:09:29 AM
Oh shut up you hippies. It's about managing quality.
mlindos 2014-08-29 09:11:48 AM
BRIAN 2014-08-29 09:14:46 AM
Jamill Ahmed 2014-08-29 09:15:45 AM
I pray this woman doesnt get a penny that child was a gift from God and the fact that ahe would of aborted shows how cruel this witch is shame on you
Rofhiwa Ronald 2014-08-29 09:31:50 AM
(((a child is a gift from god woman )))I wonder how many abortions she did since she is bragging about she should have done the abortion . I'm not a god to judge her but she is demanding money through the wrong path, she should have ask money from donors to raise her gift from god than going to court.