Harm to that future child is reasonably foreseeable. Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. Another implication for society as a whole is that, until a child is born alive, a doctor must act in the best interests of the mother. Right of access to information , Right to bodily integrity Tags: Ontario Court of Appeal Health Topics: This involves a recommendation that two reliable forms of contraception be used simultaneously for at least one month before Accutane treatment, during treatment, and at least one month following discontinuation. Accordingly, it did not consider whether standard of care was met.
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Despite this knowledge, Dr.
Before the court could address the issue of whether the doctor breached his standard of care, it first needed to decide whether he owed a duty to the child in the first place. If the doctor breaches that duty to the mother by failing to meet the standard of care for prescribing Accutane, the doctor will be liable to the mother for damages she suffers as a consequence of giving birth to a child with disabilities caused by the drug.
The proximity requirement at stage one of the Anns test was not met. The Court held that to determine whether Dr.
The Court held that Dr. Recognizing the proposed duty would also have implications for society as a whole for several reasons. Ramji completed education on the prescription of Accutane. Accutane is a teratogenic drug, and risks to 3c fetus when a mother takes the drug are well documented.
Even though the claim failed at the first stage of the Anns test, Feldman J.
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One is that our legal and medical systems rsmji that a woman has the right, in consultation with her doctor, to choose to abort a fetus. Related Judgments Cojocaru v. DisabilitiesHealth care and health servicesHealth informationHospitalsMedical malpracticeSexual and reproductive health Human Rights: Right of access to informationRight to bodily integrity Tags: Ramji owed a duty of care to the child.
Ramij can be liable in negligence to Jaime Paxton, the relevant question is not whether her claim should be characterized as wrongful life, but rather whether the doctor owed the child a duty of care. Ramji did not owe Jamie Paxton a duty of care.
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Ramji prescribed Accutane to Dawn Paxton, mother of the plaintiff, Jamie Paxton, on the understanding that Dawn would not become pregnant while taking the drug. The second stage concerns residual policy considerations. Harm to that future child is reasonably foreseeable. This involves a recommendation that two reliable forms of contraception be used simultaneously for at least one month before Accutane treatment, during treatment, and at least one month following discontinuation.
Paxton v. Ramji
Ramji cross-appealed the conclusion that he owed a duty of care to the appellant before or after conception. Paxton took the drug for two months and became pregnant approximately one month after the use. Fetal Assessment Centre Country: Ontario Court of Appeal Health Topics: He held that as long as there is potential for a future child to be born who could be affected by a teratogenic drug that is prescribed to the patient, then the first step of the Anns test is met.
Accordingly, it did not consider whether standard of care was met.
That relationship prevents a relationship of the requisite proximity ramj the doctor and future child because the interests of the mother and fetus might conflict. Another implication for society as a whole is that, until a child is born alive, a doctor must act in the best interests of the mother. Imposing a duty of a care on a doctor to a future child would interfere with the exercise of that right.