Mrs. Smith is pregnant. Her physician accidentally mixes up her fetus\'s genetic
ID: 396861 • Letter: M
Question
Mrs. Smith is pregnant. Her physician accidentally mixes up her fetus's genetic testing results with that of a fetus belonging to another woman. Mrs. Smith gives birth to an infant with serious health problems that should have been detected by the genetic testing. Which of the following damages is she likely to obtain in subsequent litigation? Mark all that
apply.pregnancy-related medical expenses
compensation for loss of consortium from her spouse pain and suffering
compensation the cost of raising the child until age 18
Explanation / Answer
In this case, Mrs. Smith should be eligible for all the compensation for the loss due to ignorance of the hospital staff.
Thus, in this case, she should get the compensation of all the expenses for her child health which could have been avoided if the hospital could do the right thing. Thus, she can claim compensation for loss of consortium from her spouse pain and suffering.
Please note that the pregnancy-related expenses are not due to the ignorance of the hospital. They are bound to be paid by Mrs. Smith as a part of contract. Also, She cannot claim all the expenses to raise the child up to 18 rather the medical expenses which are being occurred due to the ignorance of the hospital.
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