Sunday, March 24, 2013

Greco v. United States case brief

Greco v. United States case brief summary
893 P.2d 345 (Nev. 1995)

SYNOPSIS: Appellant malpractice complainant was before the court by virtue of a certification order from the United States District Court for the District of Maryland to answer certain questions related to the negligently caused unwanted birth of a child suffering from birth defects.

OVERVIEW: The malpractice complainant sought to recover damages for herself and on behalf of her child for damages arising out of the negligence of the doctors who allegedly failed to timely diagnose certain physical defects and anomalies afflicting the child while it was still in the womb. Respondent government filed a motion to dismiss the cause for failure to state a claim.

-The court determined that the malpractice complainant had no cause of action for the wrongful life of the child.
-The court reasoned that the judgments required to determine damages for this type of tort were impossible for the court to make.
-The court concluded, however, that the malpractice complainant did state a claim for medical malpractice on her own behalf.
-The court pointed out that, if true, the negligence of the doctors had deprived the malpractice complainant of her right to terminate her pregnancy.
-The court concluded that the malpractice complainant had the right to prove that she had suffered and would continue to suffer damages for emotional or mental distress and had incurred and would continue to incur extraordinary and custodial care expenses associated with raising her child.

-Medical malpractice, like other forms of negligence, involves a breach of duty which causes injury. -To be tortiously liable a physician must have departed from the accepted standard of medical care in a manner that results in injury to a patient.

HOLDING: The court held that the malpractice complaint had a tort claim in negligent malpractice against the government but she did not have a complaint on behalf of her minor child for wrongful life.

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