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megimoo
08-27-2011, 01:53 AM
A sailor wants the Federal Government to help fund the cost of raising her child after defence medical staff repeatedly failed to detect her pregnancy....... Emily Hetherington, now 22, claimed that if they had detected the pregnancy she would not have proceeded with it, according to documents lodged with the Supreme Court of Victoria...... She did not find out about her condition until she was 22 weeks pregnant, at which stage she was advised it was too late to have an abortion....... Ms Hetherington has launched legal action against the Commonwealth of Australia (Department of Defence),

http://www.couriermail.com.au/news/national/sailor-sues-royal-australian-navy-for-failing-to-detect-her-unwanted-pregnancy/story-e6freooo-1226123150218

Apache
08-27-2011, 02:45 AM
We all know how flawless man is, right?

How many millions of times has this happened, where a medical test, has gone arwy?

Did the Navy impregegnant her her? No!

Actions, meet consequences! :mad:

Sonnabend
08-27-2011, 06:48 AM
Part of an entrance to the Armed Forces is a medical examination. They failed to tell her she was pregnant...nor, it appears, did they test for it after she told them she had missed her period..and I would wonder how a doctor could NOT test for it in a usual test sequence. The urinalysis alone would have set off alarm bells.

Bottom line, the doctors screwed up and failed to do a thorough physical examination. I also know for a fact that a blood test would have also shown antibodies and proteins that would have told them..the blood screening was also not done properly. She did not KNOW she was pregnant and telling a doctor of her symptoms was enough for them to have run the screening process. Despite the tests, a simple and proper medical examination would have shown the initial body changes of pregnancy.

She told them and they didn't check. Their fuckup .

Bailey
08-27-2011, 09:25 AM
Part of an entrance to the Armed Forces is a medical examination. They failed to tell her she was pregnant...nor, it appears, did they test for it after she told them she had missed her period..and I would wonder how a doctor could NOT test for it in a usual test sequence. The urinalysis alone would have set off alarm bells.

Bottom line, the doctors screwed up and failed to do a thorough physical examination. I also know for a fact that a blood test would have also shown antibodies and proteins that would have told them..the blood screening was also not done properly. She did not KNOW she was pregnant and telling a doctor of her symptoms was enough for them to have run the screening process. Despite the tests, a simple and proper medical examination would have shown the initial body changes of pregnancy.

She told them and they didn't check. Their fuckup .

Your point? oh well a mistake was made, it doesn't mean a free ride for life. She can give the kid up for adoption if she doesnt want to be saddled with the burden, nope she see's this kid as a meal ticket.

Novaheart
08-27-2011, 09:30 AM
We all know how flawless man is, right?

How many millions of times has this happened, where a medical test, has gone arwy?

Did the Navy impregegnant her her? No!

Actions, meet consequences! :mad:

No worries for her, with her attitude one reasonably concludes that the government will have made a significant investment in her child by the time he is 18.

Novaheart
08-27-2011, 09:37 AM
Their fuckup .

In general, when you have a cause of action against a medical provider for a mistake, i's because you maintain that had he done his job correctly then you would have been able to mitigate or cure a condition which is now causing you irreparable harm.

In this case, the "fuck-up" is that they didn't discover that this woman was pregnant. She maintains that had they done so in a timely fashion she would have had an abortion.

There is a huge difference between "If I had known I had cancer, I could have gotten effective treatment in time." and "If I had known i was pregnant I could have terminated the pregnancy." IN the first place, a disease and pregnancy are not the same thing, and in the second while almost any sane person would seek effective treatment for cancer if notified in a timely fashion, fewer than half of people would seek an abortion on discovery that they are pregnant.

megimoo
08-27-2011, 10:47 AM
Your point? oh well a mistake was made, it doesn't mean a free ride for life. She can give the kid up for adoption if she doesnt want to be saddled with the burden, nope she see's this kid as a meal ticket.

She must have been stupid not to put missing her period and having sex together and figured out for herself she was pregnant..Hell they sell pregnancy test kits in the drug store...Something stinks in Denmark and it's not the formaggio marcio ...

Sonnabend
08-27-2011, 08:05 PM
Failing to do a thorough medical examination, not to mention the doctor was TOLD she may be pregnant and failed to do the proper screening? That's incompetence.

Hey, MegaMoron, amenorrhea has a large number of causes, ONE of which is pregnancy. Another is cancer of the cervix, another cervical fibroids, cervical cysts, endometriosis....all of which need to be checked for and ruled out.

Their fuckup.

Big Guy
08-27-2011, 08:15 PM
And of course SHE has absolutly NO RESPONSIBILITY for her pregnancy. It was the Navy that got her pregnant without her consent, and then they even kept it hidden from her until the last possible min. C'mon, get real here.

Sonnabend
08-27-2011, 08:26 PM
She did not know she was pregnant and the doctors failed in their duty of care to do the correct procedures . A later test DID confirm it, a test they failed to do at the proper time.

Duty of care. They failed.

Big Guy
08-27-2011, 08:29 PM
Personal responsibility, SHE faild.

So did the guy that did his part, also known as the biological Father.

Sonnabend
08-27-2011, 08:39 PM
Duty of care. Look it up.

Big Guy
08-27-2011, 08:42 PM
Duty of care. Look it up.

Personal responsibility, look it up. :D

Big Guy
08-27-2011, 09:09 PM
I looked it up;

In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).

Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.


Okay, the Dr. holds some responsibility and will probably lose the law suit. I still believe that she and the biological father share more of the responsibility than the Dr.(Navy) does.

You win Sonna, what are ya a lawyer or something? :D

Sonnabend
08-27-2011, 09:15 PM
You win Sonna, what are ya a lawyer or something?I was a nurse, so was my wife. I come from a family of cops and judges. Law is one of the very first subjects taught, both in nursing school and as a volunteer medical officer. Every person in the medical field is taught law as part of the syllabus, duty of care extends into the standard workplace as well under occupational health and safety laws.

Law of torts, negligence, duty of care...it is part and parcel of what I do every single day.


I still believe that she and the biological father share more of the responsibility than the Dr.(Navy) does.

A court may decide that, they may not. Thank you for doing as I asked, as the law lies at the heart of this issue.


But, she claims in court documents, a pregnancy test during her medical examination in Hobart at that time was reported to be negative

She WAS pregnant but they fucked up and sent back a NEGATIVE result.


Ms Hetherington said while at HMAS Cerberus in Victoria she told medical staff in January, March and April, while receiving vaccinations, that she had not had her period since the previous November or December. Despite that, no further pregnancy tests were done.

and this


In June, 2008, a test was done on the blood taken when Ms Hetherington enlisted and it was discovered she had been six to seven weeks' pregnant at that time. Her child was born in August, 2008.

The test was to have been done at that time, and they failed to do so. So the question then stands: what else did they miss or fail to check for in other case? That's what I meant.

Thanks Big Guy for at least hearing me out.

Big Guy
08-27-2011, 09:18 PM
She is still responsible for her own actions. :p:D

Sonnabend
08-27-2011, 09:23 PM
She is still responsible for her own actionsShe had sex with her b/f fine, she didnt know she was pregnant. That's what the medical exam was to have determined.:confused:

Okay OKAY..mate you're as stubborn as I am...and that's...hmmmmm :D:D

CueSi
08-27-2011, 09:26 PM
Failing to do a thorough medical examination, not to mention the doctor was TOLD she may be pregnant and failed to do the proper screening? That's incompetence.

Hey, MegaMoron, amenorrhea has a large number of causes, ONE of which is pregnancy. Another is cancer of the cervix, another cervical fibroids, cervical cysts, endometriosis....all of which need to be checked for and ruled out.

Their fuckup.

Stress, weightloss, sickness... medicinal conflicts. . .I am surprised at the lack of follow up, though.

~QC