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GARRISON v. MEDICAL CENTER OF DELAWARE

581 A.2d 288 (1989)

Hope GARRISON, by her Next Friend, Charles Garrison; Efser Garrison and Charles S. Garrison, Plaintiffs Below, Appellants, v. The MEDICAL CENTER OF DELAWARE INC., a Corporation of the State of Delaware, Elizabeth Bove and Digamber Borgaonkar, PH.D., Defendants Below, Appellees.

Supreme Court of Delaware.

Resubmitted on Supplemental Briefing: July 13, 1989.

Decided: December 12, 1989.

Opinion Issued: October 9, 1990.

Attorney(s) appearing for the Case

Roger A. Akin (argued), Christopher J. Curtin, and Bruce C. Herron of Sawyer & Akin, P.A., Wilmington, for appellants.

John A. Parkins, Jr. (argued), David C. Johnson-Glebe, and Joseph R. Slights, III of Richards, Layton & Finger, Wilmington, for appellees.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH, and HOLLAND, JJ., constituting the Court en banc.

HORSEY, Justice:

In this medical malpractice action, we address related issues of first impression under Delaware law: (1) whether the parents of a child born with a genetic disorder have a cause of action against health care providers who fail to timely detect the presence of a genetic disorder, thus precluding the option of terminating the pregnancy [a so-called "wrongful birth" cause of action]; and (2) whether a child born with a genetic disorder has a cause of...

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