Molloy v. Meier
Minnesota. Court of Appeals
West's North Western Reporter, 2d Series, 2003; 660: 444-458
Court Decision: 660 North Western Reporter, 2d Series 444; 6 May 2003 (date of decision). The Minnesota Court of Appeals held that physicians consulted by a biological parent regarding the genetic condition of her child must advise the parent with a duty of care pursuant to the appropriate standard of care. Kimberly Molloy consulted with defendant physicians about her biological daughter's developmental and behavioral problems. Defendant Meier suspected the child had Fragile X Syndrome, but did not order a genetic test for the disease and did not follow up on this suspected diagnosis. Molloy consulted with other physicians about her daughter and they too failed to diagnose or test the child. Molloy subsequently gave birth to another child, with her second husband, and this child also had Fragile X Syndrome. The court also held that, even if Molloy did not consult with the physician directly, a physician must notify a minor child's biological parent of a genetic abnormality. Molloy's suit was considered a wrongful conception suit, not a wrongful birth claim, because the alleged damage occurred at conception and the plaintiff did not claim she would have aborted the child had a proper diagnosis been made. [KIE/INW]
Date of Decision: 6 May 2003
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