Reference no: EM133218375
1. The plaintiff became pregnant and bore a child after undergoing a sterilization operation. She sued the physician who performed the surgery for negligence, for the pregnancy, and for birth and the costs of rearing a normal, healthy child. Should she win?
2. The plaintiff gave birth to a daughter with Tay-Sachs disease. Children born with this incurable degenerative nerve disease do not live long. The plaintiffs claimed that the defendant physician was negligent in that he failed to take a proper genealogical history or to properly evaluate their genetic histories. The plaintiffs were Eastern European Jews, a fact that should have put the defendant on notice that there was a high risk the child would suffer from the disease. They also stated that if they had known of the risk involved, they would have taken tests and, if the results were positive, aborted the pregnancy. Both parents claimed that they underwent considerable anguish observing their child suffer prior to her death. Was there a cause of action against the defendant-physician?
3.The plaintiff contracted rubella in the first trimester of pregnancy and gave birth to a child with multiple birth defects. The plaintiff was hospitalized at the time of her illness and had asked the physician if her illness was rubella. The physician assured her that it was not. The plaintiff brought a cause of action against the physician for failure to advise her of the risk. What cause of action does the plaintiff have against the physician?
4. After seven years of marriage, it was medically determined that the defendant was sterile. His wife desired a child, by either artificial insemination or adoption. At first, the defendant refused his consent. Approximately 15 years into the marriage, the defendant agreed to artificial insemination of his wife. His wife became pregnant and gave birth to a baby boy. The couple separated four years after the child was born. The wife then became ill and applied for public assistance under the Aid to Needy Children program. The defendant refused to pay child support. The municipal court ordered him to pay support through the district attorney's office. The defendant appealed. Should the defendant have to pay support?
5. During a first marriage, a woman bore a child after consensual artificial insemination. Her husband was listed as the father on the birth certificate. The couple later separated and then divorced. Both the separation agreement and the divorce decree declared the child to be the offspring of the couple. The wife was granted support and the husband visitation rights. The woman remarried, and her second husband petitioned to adopt the child. The first husband refused his consent. The second husband then suggested that the first husband's consent was not required because he was not the parent of the child. Should the first husband's consent be necessary?
6. C.C. had a child who was conceived with sperm donated by C.M. C.C. wanted to have a child and wanted C.M. to be the father but did not want to have intercourse with him before their marriage. He therefore agreed to provide the sperm. After several attempts, C.C. did conceive a child. The relationship between the two parties broke off, and C.M. wanted visitation rights to the baby. C.C. does not wish to allow visitation rights. Should visitation rights be allowed?