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Not to split hairs here, but a person can still file a complaint (lawsuit) for whatever they want to in this country. It's a right-to-sue country we live in. Just because the judge is allowing the lawsuit to continue does NOT prove her allegations. THAT's my point.
You misunderstood what I meant when I mentioned legitimate cause of action. My point was that the case has not been thrown out as a frivolous lawsuit at this time, so I am assuming that it is a NOT a frivolous lawsuit and therefore there must be legitimate questions of fact here.
I'm not saying at all that people can't file lawsuits.......they can, as far as I know. The question is whether or not you have a legally sufficient cause of action. If you don't, the case would be thrown out. If you do, it will proceed. This case has not been thrown out. That seems to mean that there are legitimate questions of fact here which may need to be decided by a jury.
she quit school at 14 when she had the first kid, IIRC. I don't think it is a stretch the think that maybe she didn't know what she was signing, if she did sign something.
If she didn't know what she was signing, then she could not possibly have given free consent to perform the surgery because she didn't understand "know" what the form meant. Doctors and hospital screwed again.
I wonder if you get an AUTHORIZED lobotomy if you can sue later because you didn't have the mental capacity to determine that you were making an unsound decision. How could they prove you were smart before?
Deep questions.
Of course you could. The problem is that you wouldn't really care about money then.
Where is the LIST of actions considered "personal responsibility" and who decides what those actions are?
Would the physician who performed this procedure on that woman be someone who also did not assume "personal responsibility" when he/she sterilized the woman without her consent??
If there was a consent, then it is the responsiblity of the doctor/hospital, defendants, to PRODUCE THE CONSENT FORM.
Easy to judge what is personal responsiblity for other people when you are not in their shoes, isn't it, WorkinHard?
I don't think that there is another 'action' in which humans can engage that requires more personal responsibility than that of bringing a child into this world. Are you really debating whether or not a person's ability to feed, clothe, house, etc. the children to whom they give birth is to be considered a "personal responsibility?"
If she didn't know what she was signing, then she could not possibly have given free consent to perform the surgery because she didn't understand "know" what the form meant. Doctors and hospital screwed again.
would I have a valid lawsuit if I failed to understand every word of my real estate documents, but I signed them anyway? What is the point of having someone sign a form if they can come back later and say they didn't understand?
If she didn't know what she was signing, then she could not possibly have given free consent to perform the surgery because she didn't understand "know" what the form meant. Doctors and hospital screwed again.
Ok, if she is not intelligent to know what she is signing, shouldn't she have a handler with her to make sure she doesn't get into something she has no clue about? She is apparently smart enough to find an attorney, apply for a cell phone and internet service (all have contracts you have to sign), get the media involved, whathaveyou.
I really don't doubt she HAD signed a tubal consent at some time but the crux is where is it now? She was also savy enough to have sued someone else before. That alone is suspect to me and makes me think she sees being the victim as a money making scheme (if this case is legit and they really did give her a tubal that she NEVER wanted, then she has been a victim of that). Heck I am over 40 and have NEVER sued anyone.
Perhaps she ought to spend less time getting pregnant and try and complete her education. She might find her life a little easier since the problem seems to be reading comprehension (from the spermicide being expired and not 100% effective to perhaps not understanding what she signed re the tubal).
wasnt there an issue with another mother who ended up with 14 children, whos also a single parent and on public assistants? nadya suleman look what you did.
oh heres what happens when you stuff yourself with 8 kids at once. ladies its really a turn off
I wonder if you get an AUTHORIZED lobotomy if you can sue later because you didn't have the mental capacity to determine that you were making an unsound decision. How could they prove you were smart before?
Deep questions.
Good question. Why don't you volunteer yourself and we'll find out?
The Octo-mom is clearly facing stiff competition, and "John and Kate Plus Eight" might as well get ready for war. I see a reality show in the mix.
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