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AZZOLINO v. DINGFELDER

No. 718PA84.

337 S.E.2d 528 (1985)

315 N.C. 103

Jane A. AZZOLINO; Louis Azzolino; Michael Lawrence Azzolino, by his General Guardians, Jane A. Azzolino and Louis Azzolino; Regina Mary Gallagher, by her General Guardian, Jane A. Azzolino; and David John Azzolino, by his General Guardian, Louis Azzolino v. James R. DINGFELDER; Jean Dowdy; and Orange County Comprehensive Health Services, Inc., doing business as Haywood-Moncure Community Health Center.

Supreme Court of North Carolina.

December 10, 1985.

Attorney(s) appearing for the Case

Beskind and Rudolf by Donald H. Beskind, Thomas K. Maher, Durham, Tim Hubbard and Mary Lunday Adams, Pittsboro, for plaintiff-appellees.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by John H. Anderson, C. Ernest Simons, and Steven M. Sartorio, Raleigh, for defendant-appellants.

Blanchard, Tucker, Twiggs, Earls & Abrams, P.A. by Douglas B. Abrams, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

Sharon Thompson, Durham, Nan D. Hunter, Janet Benshoof and Suzanne M. Lynn, New York City, for American Civil Liberties Union Foundation, amicus curiae.

John A. Swem, Greensboro, for North Carolina Right to Life Educ. and Legal Defense Fund, amicus curiae.

MITCHELL, Justice.

This appeal arises from a medical malpractice action brought by a child and his parents and siblings alleging that the defendants' negligent failure to advise the parents properly of the availability of amniocentesis and genetic counseling and negligent prenatal care of the mother prevented the termination of the mother's pregnancy by abortion and thereby resulted in the child's birth. The child is afflicted with Down's Syndrome, a genetic disorder...

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