A lesbian couple
has failed in an attempt to sue an obstetrician they
blamed for twins born by in-vitro fertilization rather than
a single baby as requested.
The court ruling
was welcomed Friday by Australian doctors who argue that
giving birth to a healthy baby should not be grounds for a
lawsuit. The high-profile case was the first of its
kind in Australia and could yet be appealed.
The couple, whose
names are suppressed to protect the anonymity of their
two 4-year-old daughters, attempted to sue Canberra-based
obstetrician Sydney Armellin for $382,000 for medical
negligence for failing to ensure that fertility clinic
staff implanted a single embryo.
The claim covered
the cost of raising one of the children, including
private school fees.
But Justice
Annabel Bennett ruled Thursday the birth mother had acted
"negligently" by failing to ensure that clinic medical staff
were aware that she had changed her mind about having
two embryos implanted.
The couple could
not be immediately contacted for comment.
But during the
hearing, the women issued a handwritten media statement to
explain that the case had nothing to do with their feelings
toward their daughters.
"This has never
been a case about whether our children are loved," the
statement said. "They are cherished."
Lawyer Thena
Kyprianou said Thursday her clients were shocked at the
ruling and would consider lodging an appeal within a month.
Paul Jones, state
president of the Australian Medical Association, said
the law should be changed to ensure such a suit will never
be heard by a court again.
"We think that
when the outcome is a healthy baby or babies, that
these matters shouldn't end up in the court," Jones told
Australian Broadcasting Corp. radio. (AP)
