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May 17, 2021

Gynaecologist, to pay damages for delivering infant with Down syndrome

According to Realitatea.net, quoting opiniatimisoarei.ro, the Timisoara Court ruled, at the end of last year, that a gynaecologist was to pay RON 10,000-damages to a patient, after delivering an infant with Down syndrome.
Both camps were dissatisfied with the ruling and appealed against it. The plaintiffs request higher damages, namely, RON 48,000, representing material and moral damages, while the defendant calls for the annulment of the ruling, the retrial of the case and the rejection of the suit as unfounded. The case is awaiting trial at the Timis Court and, after three consecutive adjournments, the next hearing is scheduled for May 25. In the documents attached to the suit, Mihaela-Ribana Rosculescu argues that, if she had been warned she would give birth to a child with malformations, she would have had an abortion.

“The material damage is the costly treatment we have to ensure to ameliorate our daughter’s condition,” the plaintiff argued. In her defence, Dr. Maria-Olimpia Oprea claims that the plaintiff was advised of the results of medical tests, of the triple test and of the risks shown by the amniocentesis, but argues that no such conversation was recorded, to be produced as evidence in court.

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