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  1. #151
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    Quote Originally Posted by VicPark View Post
    I know it's a slippery slope... However I can't help but *feel* that when there is a rock solid case of negligent behaviour (a kid having FASD as the mum drank 6 beers a night , 4 nights per week when there is a record of her doctor telling her not to) that it's time for the state to intervene. If you can't sue someone who without a doubt knowingly and negligently causes harm to another then what's the point in having lawyers.
    Trust me Vicpark I keep very busy without suing mums.

  2. #152
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    The US has started down this slippery slope...will be interesting to see how it progresses...

    http://abcnews.go.com/US/woman-charg...ry?id=24542754

  3. #153
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    TheGooch is offline Winner 2014 - Newbie of the Year
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    Quote Originally Posted by VicPark View Post
    If you can't sue someone who without a doubt knowingly and negligently causes harm to another then what's the point in having lawyers.
    Quote Originally Posted by Sonja View Post
    Trust me Vicpark I keep very busy without suing mums.
    Seriously?
    You're both better than this.

  4. #154
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    Quote Originally Posted by VicPark View Post
    I know it's a slippery slope... However I can't help but *feel* that when there is a rock solid case of negligent behaviour (a kid having FASD as the mum drank 6 beers a night , 4 nights per week when there is a record of her doctor telling her not to) that it's time for the state to intervene. If you can't sue someone who without a doubt knowingly and negligently causes harm to another then what's the point in having lawyers.
    I agree with your tack but wouldn't the negligent mum's defence just be that she didn't know any better therefore she wasn't being intentionally negligent?

    also, does does a mum-to-be have a duty of care to her unborn child? if so, when does that duty start? and what is the required standard of care? 1 drink a week? 0 drinks for the entire nine months? it's a minefield!

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    Quote Originally Posted by Apple iPhart6 View Post
    Oh, that maternity hospital! I do try not to judge but every time I go there, you see ladies out the front with their massively pregnant bellies smoking away. Makes me sad every time.
    It's not the Subiaco one to be fair, it's another.

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  7. #156
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    Quote Originally Posted by GucciDahling View Post
    Seriously?
    You're both better than this.
    You've lost me. But that's often the case.

  8. #157
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    Quote Originally Posted by turquoisecoast View Post
    I agree with your tack but wouldn't the negligent mum's defence just be that she didn't know any better therefore she wasn't being intentionally negligent?

    also, does does a mum-to-be have a duty of care to her unborn child? if so, when does that duty start? and what is the required standard of care? 1 drink a week? 0 drinks for the entire nine months? it's a minefield!
    Its a bit hard to claim you didn't know you shouldn't drink when it's labeled on every bottle of alcohol .

    Someone can't get away with drink driving just because they claim they didn't know you weren't meant to drink and drive.

    If the government can come up with a safe drinking limit for driving then I guess they could also come up with an arbitrary number for pregnancy as well - slightly harder to prove it though unless we start breathalising pregnant women at their antenatal appointment.

    And before I get shot down for any of this, I'm just theorising and don't necessarily agree with any of the arguments I'm making!!

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    Quote Originally Posted by turquoisecoast View Post
    I agree with your tack but wouldn't the negligent mum's defence just be that she didn't know any better therefore she wasn't being intentionally negligent?
    !
    I would only be comfortable with suing if there was evidence the mum had been informed by a medical professional it would be damaging to her child.

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  12. #159
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    harvs is offline Winner 2014 - Spirit of BubHub Award
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    Quote Originally Posted by turquoisecoast View Post

    also, does does a mum-to-be have a duty of care to her unborn child? if so, when does that duty start? and what is the required standard of care? 1 drink a week? 0 drinks for the entire nine months? it's a minefield!
    Which, in turn, has serious implications for abortion laws.

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  14. #160
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    Quote Originally Posted by GucciDahling View Post
    Seriously?
    You're both better than this.
    Huh? What's wrong with the principal of suing people who harm others?


 

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