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RGEC47
Feeling blessed!
Member since 11/09 3039 total posts
Name:
Rosa
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Silly/Interesting question posed by DH
This is one of those silly questions, being that I refuse to work today, had a rough day yesterday. So please humour me.
Over the course of dinner last night, my husband decides to freak me out and poses the question “What happens if the baby turns out to be a boy and not a girl, can we sue the hospital for misinformation?” In his head, he would sue the hospital for the costs we have incurred in preparing for her arrival; cloths, paint, emotional distress, etc. I of course did not want to even discuss this, as I was freaking out at the idea of the baby possibly not being a girl, but rather a boy. Don’t get me wrong all I want is a healthy baby, but I must admit that I am really looking forward to the baby being a girl. I personally don’t believe that this a lawsuit that can be won, but he is convinced that we would definitely have a case.
So, any input?
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Posted 2/6/13 10:08 AM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
MandJZ
Time for Baby #2!
Member since 8/10 4194 total posts
Name:
M
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Re: Silly/Interesting question posed by DH
Crashing, but I'm fairly certain they always qualify their gender determination with a percentage, right? They never ever say it is 100% this or 100% that - do they? If they qualify it then I don't think there is a basis for a lawsuit at all...and they probably do that to cover their asses!
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| Posted 2/6/13 10:11 AM |
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RGEC47
Feeling blessed!
Member since 11/09 3039 total posts
Name:
Rosa
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Silly/Interesting question posed by DH
Agree, that is what I told him.
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| Posted 2/6/13 10:22 AM |
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mommyecs
LIF Infant
Member since 9/12 302 total posts
Name:
Elaine
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Silly/Interesting question posed by DH
I agree with the pp...I don't think you can sue them if they never say it is 100%.
This happened to my mom when she gave birth to my brother...(granted it was in '96, and now the technology is not even comparable)
He was supposed to be a girl, they had his nursery at home all pink, clothes all ready, etc. everything was pink.
Mom gave birth and out comes a boy, my mom said they were just laughing bc they were in such shock
It happens but I don't think you have a case
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| Posted 2/6/13 10:23 AM |
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dlj97
LIF Adult
Member since 7/10 4399 total posts
Name:
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Re: Silly/Interesting question posed by DH
I have no idea if you would have a cause of action, but seems to me like you should if that happens!
My doctor's office at the 12w sono told me they thought this baby was a  but not to go and paint the room.
Had my 20w at the hospital, and the sono tech and the doctor there said the baby is a . They did not qualify it with anything like "we think" or "pretty sure" - they both said "it is a girl."
I just said to DH the other day that if I didn't know I would swear it is a  . I know each pregnancy is different, but with DD1 I was really sick in the beginning, never got over my food aversions and just looked like I was carrying a girl. With this pregnancy, I never got sick and feel so much better in general, and it looks like I am a carrying a boy.
I seriously won't be surprised if she comes out as a he!!! I am going to ask them to check at my next sono, but that is not until 36w - at that point everything will have been bought!
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| Posted 2/6/13 10:35 AM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Silly/Interesting question posed by DH
A doctor is under no obligation to tell you the sex of the child-sonos are not done for sex determination.
No case. You have a 50/50 chance, and your DH determines what you have. It's not the doctor's fault that you took information and bought all pink or blue-that's your free will to do so.
eta: Now if you did an amnio, they doctor told you one result and the baby came out the other, I think there 'might' be something there, but still, why even bother when you have a healthy baby in your arms. (speaking in general terms) 
Message edited 2/6/2013 10:51:11 AM.
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| Posted 2/6/13 10:46 AM |
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Gigi143
LIF Toddler
Member since 6/12 435 total posts
Name:
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Re: Silly/Interesting question posed by DH
This literally happened to me! My whole pregnancy I was told it was a girl, I got everything ready, bought pink clothes, the full nine, ended up being a boy. When I saw the sono, I thought it looked like a boy, but the nurse insisted it was a girl, and I agreed, what did I know.
These things happen, this was also years ago, now the machines are much more high tech, but really I don't think it ever even crossed my mind to sue, now it's just a funny story I can tell!
I have a lawyer friend who i am messaging right now to see what she says!
Message edited 2/6/2013 10:49:30 AM.
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| Posted 2/6/13 10:49 AM |
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dlj97
LIF Adult
Member since 7/10 4399 total posts
Name:
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Re: Silly/Interesting question posed by DH
Posted by neener1211
A doctor is under no obligation to tell you the sex of the child-sonos are not done for sex determination.
No case. You have a 50/50 chance, and your DH determines what you have. It's not the doctor's fault that you took information and bought all pink or blue-that's your free will to do so.
I'm not saying I would think you have a case, but I don't agree with this.
If a doctor tells you "you are having a girl" of course he isn't forcing you buy pink clothes, but most people would go out and buy pink things because they are relying on what the doctor tells them. That is not the same as "I think it is a girl" or "most likely a girl." If a doctor told you that something looked off with a different body part and then he was wrong you would potentially have a cause of action. I know that this is different and the most important thing is a healthy baby, but it seems wrong to me that if a doctor tells you something and you rely on what turns out to be wrong information that you have no recourse.
Yes, you have a 50/50 chance and DH determines what you have, but what does that have to do with anything? A doctor looking at a sono and determining the gender is not 50/50 - it is MUCH more accurate than that.
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| Posted 2/6/13 10:57 AM |
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Strawberry2468
It's summatime
Member since 3/09 4739 total posts
Name:
Christine
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Re: Silly/Interesting question posed by DH
They told me G/G at 14 weeks and confirmed at 22. then they turned around and they couldn't see anything after that. I was kinda out of it during the CS coming in and out at key points but I was waiting for the cries and the gender to confirm. Im not sure how common it is to mistake nowadays. My Dr wouldnt confirm unless they were 100% sure.
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| Posted 2/6/13 11:02 AM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Silly/Interesting question posed by DH
Posted by dlj97
If a doctor told you that something looked off with a different body part and then he was wrong you would potentially have a cause of action. I know that this is different and the most important thing is a healthy baby, but it seems wrong to me that if a doctor tells you something and you rely on what turns out to be wrong information that you have no recourse.
This is the key to this. What recourse do you want if the baby is the other gender? Just to have money returned on you spending on things? If that's the case, return things. Do you want to sue for mental anquish? Um, you knew you were either going to have a boy or girl.
If something was 'off' on a different body part that the doctor didn't catch, still, they are human, they can miss things. For example, my 1st child's brain and skull didn't form, they didn't catch it until the 20 week sono. They SHOULD have found it with all the other tests they did, around 12 weeks. Was I going to sue the doctors because they didn't tell me the right information weeks 1-20? No, it wasn't their fault, it wasn't anyone's fault. All I wanted in my arms was a baby. And at that time, or even now, if someone came up to me and told me that they were suing their doctor because they were told they were having a girl, and they had a boy, I would tell them that they are out of their mind. If I were in the jury, I wouldn't give the parents a thing. NOW, on the other side, if they hadn't found anything on these tests, then on the 20 week test told me something was wrong, had me end my pregnancy and the baby was 100% fine, THEN I would have sued. To me, having been told a boy or girl and then having the other is not something you would change while in utero or after birth anyway.
I guess the real issue in this situation would be, would it be moral or warranted or even accepted by others to sue because a gender was not seen correctly on a b&w screen-we're not even talking about a definitive test as an amnio here.
So, in MY opinion, any lawyer taking a case like this is looking for money, and any parent who is holding their healthy child in their arms-boy or girl-and then sues because they were told the baby was the other gender is being petty, selfish and ridiculous. In MY opinion.
Maybe there is a case based on legal precedent, I'm not a lawyer, so I can't say if there is.
Message edited 2/6/2013 11:54:46 AM.
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| Posted 2/6/13 11:41 AM |
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Kitten1929
LIF Adult
Member since 1/13 6040 total posts
Name:
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Silly/Interesting question posed by DH
I think it would be ridiculous to try to sue for something like that. I agree with Neeners statements - what exactly can you quantify with a lawsuit based on the wrong gender. Barring any of the extreme scenarios, I don't think a lawsuit could at all be warranted.
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| Posted 2/6/13 12:00 PM |
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maybebaby
LIF Adult
Member since 11/05 6870 total posts
Name:
Maureen
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Re: Silly/Interesting question posed by DH
It would be a ridiculous lawsuit in my opinion. BUT i wouldn't be surprised if someone tried to sue because of that reason!
My neighbor was told girl the whole pregnancy, THREE different times. Out popped a boy. They repainted the nursery and her family returned bedding and clothes while she was in the hospital. This was 6 years ago (ours sons were born 10 days apart). It was insane. She was actually thrilled because she wanted a boy all along, lol...but I couldn't understand how it was "confirmed" three times. And she went to a high tech place!! LOL Its not common for that to happen though..
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| Posted 2/6/13 12:26 PM |
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RGEC47
Feeling blessed!
Member since 11/09 3039 total posts
Name:
Rosa
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Silly/Interesting question posed by DH
Thansk for everyone's response. I think DH was being more silly than anything, but then again with that man I never know. Lo
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| Posted 2/6/13 3:58 PM |
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dlj97
LIF Adult
Member since 7/10 4399 total posts
Name:
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Re: Silly/Interesting question posed by DH
Posted by neener1211
Posted by dlj97
If a doctor told you that something looked off with a different body part and then he was wrong you would potentially have a cause of action. I know that this is different and the most important thing is a healthy baby, but it seems wrong to me that if a doctor tells you something and you rely on what turns out to be wrong information that you have no recourse.
This is the key to this. What recourse do you want if the baby is the other gender? Just to have money returned on you spending on things? If that's the case, return things. Do you want to sue for mental anquish? Um, you knew you were either going to have a boy or girl.
If something was 'off' on a different body part that the doctor didn't catch, still, they are human, they can miss things. For example, my 1st child's brain and skull didn't form, they didn't catch it until the 20 week sono. They SHOULD have found it with all the other tests they did, around 12 weeks. Was I going to sue the doctors because they didn't tell me the right information weeks 1-20? No, it wasn't their fault, it wasn't anyone's fault. All I wanted in my arms was a baby. And at that time, or even now, if someone came up to me and told me that they were suing their doctor because they were told they were having a girl, and they had a boy, I would tell them that they are out of their mind. If I were in the jury, I wouldn't give the parents a thing. NOW, on the other side, if they hadn't found anything on these tests, then on the 20 week test told me something was wrong, had me end my pregnancy and the baby was 100% fine, THEN I would have sued. To me, having been told a boy or girl and then having the other is not something you would change while in utero or after birth anyway.
I guess the real issue in this situation would be, would it be moral or warranted or even accepted by others to sue because a gender was not seen correctly on a b&w screen-we're not even talking about a definitive test as an amnio here.
So, in MY opinion, any lawyer taking a case like this is looking for money, and any parent who is holding their healthy child in their arms-boy or girl-and then sues because they were told the baby was the other gender is being petty, selfish and ridiculous. In MY opinion.
Maybe there is a case based on legal precedent, I'm not a lawyer, so I can't say if there is.
I would never bring a lawsuit if my comes out as a , and I would be thrilled to have a , but it is not so easy as just return everything. I ordered thousands of dollars worth of furniture that isn't returnable and not usable for a boy. Obviously I just want a healthy baby, but it would suck if I had to swallow that cost and had furniture that I had nowhere to put!
I don't think you would find any lawyer to take this case either, just to be clear!
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| Posted 2/6/13 4:16 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Silly/Interesting question posed by DH
Posted by dlj97
I would never bring a lawsuit if my comes out as a , and I would be thrilled to have a , but it is not so easy as just return everything. I ordered thousands of dollars worth of furniture that isn't returnable and not usable for a boy. Obviously I just want a healthy baby, but it would suck if I had to swallow that cost and had furniture that I had nowhere to put!
I don't think you would find any lawyer to take this case either, just to be clear!
Totally understandable...I agree...it definitely would suck! 
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| Posted 2/6/13 4:22 PM |
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JDubs
different, not less
Member since 7/09 13160 total posts
Name:
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Re: Silly/Interesting question posed by DH
Posted by Gigi143
This literally happened to me! My whole pregnancy I was told it was a girl, I got everything ready, bought pink clothes, the full nine, ended up being a boy. When I saw the sono, I thought it looked like a boy, but the nurse insisted it was a girl, and I agreed, what did I know.
These things happen, this was also years ago, now the machines are much more high tech, but really I don't think it ever even crossed my mind to sue, now it's just a funny story I can tell!
I have a lawyer friend who i am messaging right now to see what she says!
This happened to my sister, but my nephew was born in October so it was fairly recent!
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| Posted 2/6/13 4:39 PM |
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2BadSoSad
LIF Adult
Member since 8/12 6791 total posts
Name:
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Re: Silly/Interesting question posed by DH
Why would this even be a real question? Who would sue over this, really?
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| Posted 2/6/13 5:42 PM |
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