Carlei Nacole GRUBBS By and Through Her Next Friend, Kimberly Suzane GRUBBS, et al., Movants/Cross Respondents,
v.
BARBOURVILLE FAMILY HEALTH CENTER, P.S.C., et al., Respondents/Cross Movants, and
Nathan Robert Bogan By and Through His Next Friends, Gretchen Bogan and Daniel Bogan, et al., Movants/Cross Respondents,
v.
Altman & McGuire, P.S.C., et al., Respondents/Cross Movants.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
August 21, 2003.
As Amended August 27, 2003.
Rehearing Denied December 18, 2003.
Attorney(s) appearing for the Case
Barbara Elliott Yeager, P.S.C., Barbourville, Counsel for Movants/Cross Respondents, Carlie Nacole Grubbs, by and Through Her Next Friend, Kimberly Suzane Grubbs; Suzane Grubbs; and Kenneth Charles Grubbs.
Mark E. Nichols, Melanie S. Marrs, Lynn, Fulkerson, Nichols & Kinkel, PLLC, Lexington, Counsel for Respondents/Cross Movants, Barbourville Family Health Center, P.S.C.; and B.R. Jung, M.D.
Wayne F. Collier, Kinkead & Stilz, P.S.C., Lexington, Counsel for Movants/Cross Respondents, Nathan Robert Bogan by and Through His Next Friends, Gretchen Bogan and Daniel Bogan; Nathan Robert Bogan; Gretchen Bogan, and Daniel Bogan.
Margaret M. Pisacano, Lynn Rikhoff Kolokowsky, Jenkins Pisacano Robinson & Bailey, Lexington, Counsel for Respondents/Cross Movants, Altman, Mcguire & Pigg, P.S.C.; Altman, Mcguire & Mcclellan, P.S.C.; Altman, Mcguire, Pigg & Mcclellan, P.S.C.; Harry E. Altman; James R. Pigg; Rick A. Mcclellan, and Tom O. Mcguire.
George Edward Overbey, Jr., Monica Mary McFarlin, Kentucky Cabinet for Health Services, Department for Medicaid Services, Frankfort, Counsel for Kentucky Cabinet Health Services, Dept. for Medicaid Services.
Geoffrey R. Surtees, Francis J. Manion, Center for Law & Justice, New Hope, Robert C. Cetrulo, President, Northern Kentucky Right to Life, Covington, Counsel for Amici Curiae, Catholics United for Life, Northern Kentucky Right to Life, Kentucky Coalition for Life, and American Center for Law Justice-Midwest.
Supreme Court of Kentucky.
Opinion of the Court by Chief Justice LAMBERT.
This Court granted discretionary review to consider two issues of first impression in this Commonwealth. The first is whether the parents of a child born with incurable and profound birth defects have a cause of action against a physician for failing to correctly diagnose and/or inform them of the fetal medical condition in time for an abortion. The second issue is whether...
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