Rationalizing Wrongful Birth and Other Lawsuits

We are told by proponents of capitalism that people are inherently self-serving, even selfish, and this is true to some extent, it is only a half-truth at best. While humans are driven at least in part by selfish desires, they also have an inherent communal impulse with a deep-seated desire that all members of society be taken care of, especially those who are unable to care for themselves. In these days of late capitalism, where greed and selfishness occupy the highest places of notoriety, our communal impulse has found an unlikely outlet: the proliferation of lawsuits.

The Common Thread

What is commonly descried about lawyers and “other left-wing” advocates of the people is that they promote a culture of victimization. That is, they represent people who are in less-privileged portions of society, especially those unable to care for themselves, as victims of someone else’s actions.

While the status of victimhood may or may not be legitimate, it is unfortunately a prerequisite for receiving aid in a capitalist society.

TANSTAAFL

“There Ain’t No Such Thing As A Free Lunch” is one of the central edicts of capitalist philosophy. Since the rise of capitalism coincided with the closing of the commons, the destruction of shared, ownerless resources, the cost of every lunch must be accurately and minutely accounted for and paid by individual private parties.

So who pays for all the lunches (and breakfasts and dinners) when someone is disabled and cannot provide for him or herself? Families and communities used to step in to care for less fortunate members, but with fragmented families pulling in fewer resources and costs for care rising, this is no longer a sufficient solution. What new solution can be found to find the necessary resources to give vital and lasting care to those in need?

The Litigation Explosion

One of the interesting traits of most disability-causing events is that they can be (accurately or not) represented as the side effect of some highly profitable industry. Combine a penniless victim on the one side with a wealthy (and possibly guilty) agent on the other, and you have the elements of a very successful lawsuit. Lawyers have struck on this combination and found how often it can be successful. Once a few lawsuits succeed, more follow, constantly seeking new victims and those who can be represented as being responsible to file new types of lawsuits.

Dubious Attributions

Lawsuits vary widely in the degree to which their attribution of responsibility is credible. This is distinct from the accusation that a lawsuit is “frivolous” or that we have a “jackpot justice” system. The lawsuit is in response to a real, demonstrable harm, and the awards being given to the victim are not random. Although there is some element of variation among verdicts and settlements, statistics show that objectively-determined merit correlates strongly with increasing awards. But the amount people pay is more in proportion to the injury caused than in proportion to the degree of responsibility.

Some cases are more directly attributable than others. In drug liability cases and instances where a medical error led directly to injury, it is clear that the responsible party is the one who pays. In other cases, it is less clear, such as in so-called wrongful birth cases.

The Case of Wrongful Birth

Wrongful birth is the name given by detractors to lawsuits involving the birth of children with detectable genetic disorders, like Fragile X syndrome and Thalassemia, whose parents sue doctors who did not inform them that they should have tests done to detect whether they were carriers for these genetic disorders. The name comes from the line of argumentation used by medical malpractice lawyers, who claim that parents might have abstained from the conception of (or even aborted) children with these disorders if they had been properly informed. The people made responsible are obstetricians and genetic counselors who are responsible for informing parents of potential risks.

When juries hand down verdicts in favor of plaintiffs in these kinds of cases, they are saying not that the doctor is fully responsible, but that somebody has to pay for the care of this child. In addition, in medical malpractice, defective product, and bad faith insurance cases, juries are partly responding to the exploitive nature of the capitalist system. We all know we pay too much for health care, drugs, and insurance, and that someone is getting rich as a result, and our deep-seated, sometimes unconscious, outrage at the fact makes us more likely to say You (who are making such outlandish profits) have to pay for His or Her (the victim’s) suffering.

An Inefficient System

Unfortunately, this litigation system is, like all other capitalist systems, inefficient. A common myth of capitalism is that it is an efficient method for accomplishing tasks, but the truth is that it is really efficient at only one thing: generating wealth for a relatively small number of people. Many other things it does are done very inefficiently. Critics of the litigation system point to the fact that 54 % of the costs associated with lawsuits go to administrative costs, including paying for lawyers on both sides of the case. The majority of administrative costs (78 %) go to the defense of cases in which doctors actually did make a mistake that caused demonstrable harm to the victim. Although the majority of costs could be reduced if guilty doctors were simply made to pay, these percentages are comparable to privately provided services, like insurance, where 42-53 cents out of every dollar go into the company’s administrative costs and profits.

Although lawyers redistribute wealth, they are not Robin Hoods, they are just another capitalist institution providing a capitalist service and seeking their own profit as a cost.

Ovarian Cancer – Don’t Ignore the Warning Signs

Around 1.5 percent of women are likely to develop ovarian cancer at some stage of their life. It is less common than breast cancer but is considered as the most serious and fatal of all gynecological cancers.

The reason for this is that the cancer is usually advanced before it is diagnosed, making treatment difficult. The ovaries cannot be easily examined and, because the warning signs are unclear, late diagnosis is common.

Because of the lack of screening tests available, it is imperative to know the early symptoms and the possible risk factors.

Understanding ovarian cancer

The ovaries are two small organs that are a part of the female reproductive system and they are situated each side of the uterus. These ovaries contain germ cells that become eggs which are released when the woman menstruates.

They also produce estrogen and progesterone, the hormones that adjust the menstrual cycle and have an effect on the growth of breasts and body hair as well as affecting the development of the female body shape.

What types of tumors are there?

This normally happens in an organised manner but occasionally they grow abnormally and form a growth that we know as a tumor.

This tumor may be benign or it may be malignant. If it is benign, it is not cancerous and does not spread to other parts of the body. A malignant tumor, on the other hand, is cancerous and will often spread, making mestastases or secondary cancers.

Ovarian cancer is malignant and can occur in either one or both of the ovaries. There are three main groups that are related to the cells where the cancer starts.

Epithelial ovarian cancer, as its name implies, grows in the epithelium which is the surface of the ovary. It is the most common and accounts for around 90 percent of ovarian cancer. It mainly affects post menopausal women.

Another kind of epithelial tumor is a borderline tumor which grows much more slowly than its regular counterpart. These can normally be removed successfully even if diagnosed at an advanced stage.

There is a very rare form of ovarian cancer called germ cell ovarian cancer that starts in the cells that develop into eggs. This only accounts for about 5 percent of ovarian cancers and usually occurs only in women under 30.

The other five percent of ovarian cancers are generally sex-chord stromal cell ovarian cancer that affects the ovary cells responsible for female hormones. It can affect women of all ages.

Who is at risk of getting ovarian cancer?

The cause of ovarian cancer is unknown but there are some risk factors that have been identified through research. Although having these risk factors may increase your chances of developing ovarian cancer, they do not mean that you will necessarily get the disease. However, knowledge of these risk factors can be helpful. If you are concerned by having any of these risk factors, it is important to talk to your healthcare professional.

Factors that may increase your risk of ovarian cancer include:

Age- Around 90 percent of ovarian cancers affect women over 40.

Cultural background – Caucasian women in western society have higher rates of ovarian cancer than African or Asian women.

Number of pregnancies – Women who have never been pregnant appear to have a higher risk of ovarian cancer.

Family history – Between 5 and 10% of ovarian cancers are genetic. Researchers believe that the genes responsible for breast cancer (BRCA1 and BRCA2) are involved in almost all cases of familial ovarian cancer as well as familial breast cancer. It is also thought that these same damaged genes may be responsible for some endometrial and colon cancers. If you are genetically predisposed to any ovarian, breast, endometrial or colon cancers, you may have an increased risk of getting ovarian cancer.

Infertility and taking fertility drugs – Women who have had fertility drugs may be at a higher risk although infertility itself is a risk factor so this cannot be taken as a clear indication.

Hormone Replacement Therapy – The use of estrogen only HRT which is usually when you have had a hysterectomy, has been identified as a possible risk factor for ovarian cancer, particularly if you have been on this therapy for over ten years.

Lifestyle factors – Obesity is a risk factor associated with ovarian cancer as is a diet that is high in fat.

Can I reduce the risk of ovarian cancer?

Currently, there are no known procedures to prevent or detect early ovarian cancer but there are ways to reduce the risks. Some of these are:

Oral contraceptives – Research has found that the use of oral contraceptives can cut the risk of ovarian cancer by up to 60 percent if taken for a period of five years during your life.

Pregnancy and breastfeeding – Breastfeeding delays ovulation after childbirth and therefore decreases your risk of ovarian cancer. However, there is no guarantee that breastfeeding will stop you from developing ovarian cancer.

Enjoy a low fat diet – A high fat diet has been identified as a risk factor in ovarian cancer. Therefore, it makes sense to stick to a low fat diet with lots of fresh fruit and vegetables.

Tubal ligation or hysterectomy – These operations are only performed with a valid medical reason but it is believed that they both reduce the risk of ovarian cancer.

People with a strong family history of ovarian cancer may opt to speak to a genetic counselor that can assess whether you are at risk of developing the disease. If your family history suggests the damaged genes associated with ovarian, breast, endometrial, or colon cancer, it may be wise to have genetic testing. If these tests show the damaged BRCA1 or BRCA2 genes, you may be refe.rred to a gynecological oncologist to consider ways to reduce your risk.

Early symptoms of ovarian cancer

Because there is no screening test available for ovarian cancer, it is recommended that you have a regular pelvic vaginal checkup to see if there are any changes in your ovaries. It is also vital that you consult your healthcare specialist if you notice any possible signs of this illness. Because the symptoms are often common to many other medical conditions, diagnosis of ovarian cancer can be difficult

However, if you have any of the following symptoms that are unusual for you and that persist for more than a week, see your doctor without delay.

Some symptoms of ovarian cancer may include:

Stomach discomfort of pain in the pelvic area

Persistent nausea or wind.

Feeling constantly bloated or ‘full’.

Unexplained weight gain.

Loss of appetite or unexplained weight loss

Bowel changes

Frequency or urgency in urination

Lethargy.

Pain during intercourse.

Unexplained vaginal bleeding.

Sometimes, ovarian cancers are wrongly diagnosed as irritable bowel syndrome or menopause so if you are concerned, ask to be referred to a gynecological oncologist who can order tests to rule out ovarian cancer. It is rare that these symptoms will be ovarian cancer but if it is, early detection gives an excellent chance of survival.

Diagnosing ovarian cancer

If your doctor suspects ovarian cancer, you will be referred to a gynecological oncologist who will organize tests which may include any or all of the following:

An internal pelvic examination.

Blood tests

Chest and stomach x-rays.

A barium enema to rule out bowel problems

Ultrasound scans

If the results show a likelihood of ovarian cancer, you will be recommended to have an operation to confirm the diagnosis (none of the abovementioned tests can be sure). During the operation, if the surgeon finds ovarian cancer, they will normally remove the cancer as well as the ovaries.

It is important to understand before the surgery that this may happen so learn all you can about your illness and the outcomes before the operation.

Anne Wolski has worked in the health and welfare industry for more than 30 years. She is a co-director of www.magnetic-health-online.com and www.betterhealthshoppe.com which are both information portals with many interesting medical articles. She is also an associate of www.timzbiz.com which features many articles on internet marketing and resources.

Structural Defects or Birth Defects Information

A birth defect is a problem that happens while a baby is developing in the mother’s body. Birth defects are defined as abnormalities of structure, work or body metabolism that are present at birth. These abnormalities lead to mental or physical disabilities or are fatal. Birth defects affect about one in every 33 babies born in the United States each year. About 150,000 babies are born with birth defects each year in the United States.They are the leading cause of infant deaths, accounting for more than 20% of all infant deaths. Babies born with birth defects have a greater chance of illness and long term disability than babies without birth defects. Birth defects can be caused by genetic, environmental, or unknown factors. Other causes of birth defects include alcohol abuse by the mother and Rh disease

Which can occur when the mother’s and baby’s Rh factors are different. Although a few medications can cause problems, of the 200 most commonly prescribed drugs, none is associated with a significant risk of birth defects. Environmental causes of birth defects have more to do with the mother’s health and exposure to chemicals or diseases. When a mother has certain infections, such as rubella, during pregnancy, it can cause birth defects. Multifactorial birth defects are caused by a combination of genetic and environmental factors and include neural tube defects and cleft lip and palate. Genetics play a role in some birth defects. Every cell in the body has chromosomes containing genes that determine a person’s unique characteristics.

Treatment of congenital anomalies is specific for each individual. Individuals with severe or numerous abnormalities usually require multidisciplinary treatment. Babies with birth defects may need surgery or other medical treatments. Prenatal surgery has saved babies with urinary tract blockages and rare tumors of the lung. Other prevention is not smoking, and avoiding secondhand smoke , Avoiding alcohol ,Eating a healthy diet and taking prenatal vitamins (make sure you’re getting enough folic acid) , Avoiding all illicit drugs , getting exercise and plenty of rest and getting early and regular prenatal care. Couples who have had a baby with a birth defect, or who have a family history of birth defects, should consider consulting a genetic counselor. Rroutine obstetrical care also helpful.

Not smoking, and avoiding secondhand smoke.

1. Avoiding alcohol.

2. Avoiding all illicit drugs.

3. Eating a healthy diet and taking prenatal vitamins.

4. Getting exercise and plenty of rest.

5. Getting early and regular prenatal care.