How's about opening the floodgates for every Disabled person to sue the medical profession? Because that's what it amounts to.
Eno's right. Shit happens, no one's necessarily to blame just because they were wrong, mistaken or working from incomplete information.
We have a son with a disability. Antenatal tests could have shown the disability but we chose not to have them. We didn't think knowledge would influence any decision we might make, and there is a risk inherent in taking the tests.
The disability was not diagnosed for 3 months. It could have been, and it was upsetting and frustrating that it wasn't, but does it have a financial value?
So are they right to sue? I don't think so. More of a question is why do they want to.
I don't know about Australia, but our experiences of the financial and practical support offered to the parents of children with disabilities is appalling. You have to fight for everything your child is entitled to. What I earn directly determines whether some benefits are open to my son, irrespective of the severity of his disability. My son's first bike (a custom built trike) cost 750stlg, and no one was offering to buy it for us.
We're ok, but we're articulate, fortunate in our employment and we fight for our son. There are plenty of people not so well off however, and maybe this sort of law suit looks like their only way forward.
Trust me I know how desperate it can feel. Disagree with people, fine, but don't judge them until you've been there. And by the way, for you young guys, birth defects and disabilities are more common than you think, members of this forum will go on to experience what we have, it's not the end of the world, but it's never the same again.
Sorry, bummer post.........