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originalunique

Junior Member
What is the name of your state? md.
trying to fing direction as to how i would pursue a case against a fertility org. refusing to continue precess due to smoking before preconception. was told by shady grove org. that they would not proceed because the wife had not stopped smoking , nothing in the litature or forms states that it is a mandatory action to complete the process of conceiving . they state that it is their company policy to enforce no smoking , we asked at the conceltation and was told they prefer all to quit smoking but not mandatory . we have read every word of every peice of documents and litature they gave us and no where does it state any such policies or rules or demands . i feel this is a form of descrimination . how and where should i pursue to bring action against them , and is it possible to acheive/represent it myself with out obtaining a lawyer?
thanks
 


seniorjudge

Senior Member
originalunique said:
What is the name of your state? md.
trying to fing direction as to how i would pursue a case against a fertility org. refusing to continue precess due to smoking before preconception. was told by shady grove org. that they would not proceed because the wife had not stopped smoking , nothing in the litature or forms states that it is a mandatory action to complete the process of conceiving . they state that it is their company policy to enforce no smoking , we asked at the conceltation and was told they prefer all to quit smoking but not mandatory . we have read every word of every peice of documents and litature they gave us and no where does it state any such policies or rules or demands . i feel this is a form of descrimination . how and where should i pursue to bring action against them , and is it possible to acheive/represent it myself with out obtaining a lawyer?
thanks
Q: i feel this is a form of descrimination .

A: You are correct.


Q: how and where should i pursue to bring action against them , and is it possible to acheive/represent it myself with out obtaining a lawyer?

A: You cannot. This discrimination is not illegal.
 

originalunique

Junior Member
i beleive it is a form of descrimination but not worthy to hold up the judicial system over , but i feel and want to know if it is a strong case for breach of contract and or mal practice ? any help/sugguestions?
and if you are a lawyer please state so . if not a lawyer also state please.
thanks again
tom
 

HomeGuru

Senior Member
originalunique said:
i beleive it is a form of descrimination but not worthy to hold up the judicial system over , but i feel and want to know if it is a strong case for breach of contract and or mal practice ? any help/sugguestions?
and if you are a lawyer please state so . if not a lawyer also state please.
thanks again
tom


**A: on the breach of contract issue; can't say until a review of the contract it it's entirety is completed. On the malpractice issue; you have no case. Do you have any common sense?
 

originalunique

Junior Member
common sense? mal practice defines , as one who in a profession makes a a discission to follow or not follow certain proceedures set forth reguardless of ones self oppinion. being a doctor of any sorts ones conduct must follow rules to treat any patient set forth in that feild which they practice . correct ?
and you would have to expain further as to the breach of contract, they have sent a letter stating they are seising all attempts to further conceive , with no stated requirements of the no smoking writen no where in the contracts or lititure .
thank you
tom
 

cbg

I'm a Northern Girl
Where you are making your mistake is in assuming that all discrimination is illegal.

It is not illegal discrimination to refuse to proceed because your wife has not stopped smoking. Neither is it medical malpractice to refuse a procedure (unless such refusal would be life threatening).

Whether it is a breach of contract is a question that can only be answered by someone who has read the contract. Show it to a local attorney.
 

originalunique

Junior Member
thank you very much .
you're knowledge is excepted gracefully.
we are seeking out a lawyer just wanted to know the ins and outs before signing alawyer to know the best avenues to pursue.
thank you again
tom
 

originalunique

Junior Member
if the contract is for the conception of a feitus, what areas would i serch for info on this type of breach of contract? the state is maryland .
 

cbg

I'm a Northern Girl
You're not getting it.

It doesn't matter what the contract was for. It matters what the terms of the contract were with regards to their failing to provide the service. Any service.
 

HomeGuru

Senior Member
originalunique said:
if the contract is for the conception of a feitus, what areas would i serch for info on this type of breach of contract? the state is maryland .


**A: you and wife are butthead idiots. And you can't spell either.
 

Gadfly

Senior Member
homeguru,

I was going to say that. They're having trouble getting pg and with all the information out there about smoking effects on unborn children they are starting out as terrible parents!
 

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