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MOLLOY v. MEIER

Nos. C9-02-1821, C2-02-1837.

679 N.W.2d 711 (2004)

Kimberly A. MOLLOY, et al., Respondents, v. Diane M. MEIER, M.D., et al., Appellants, Reno E. Backus, M.D., et al., Appellants, North Memorial Health Care d/b/a North Memorial Medical Center, Defendant.

Supreme Court of Minnesota.

May 20, 2004.

Attorney(s) appearing for the Case

David D. Alsop, Laura J. Myslis, Gislason & Hunter, LLP, Minnetonka, MN, for Appellants, Reno E. Backus, M.D., Kathryn H. Green, M.D., and Minneapolis Clinic of Neurology, Ltd.

Katherine A. McBride, Barbara A. Zurek, William M. Hart, Meagher & Geer, PLLP, Minneapolis, MN, for Appellants, Diane Meier, M.D. and Partners in Pediatrics, Ltd.

Terry L. Wade, Wendy J. Zeller, Anne E. Workman, Robins, Kaplan, Miller & Ciresi, LLP, Minneapolis, MN, for Respondent, Kimberly A. Molloy.

Richard J. Thomas, Chad J. Hintz, Burke & Thomas, PLLP, New Brighton, MN, for Amicus, Physician Insurers Association of America.

Rebecca Egge Moss, Charles E. Lundberg, Tiffany M. Quick, Bassford, Remele, PA, Minneapolis, MN, for Amici, Minnesota Medical Association, Minnesota Hospital Association, Minnesota Medical Group Management Association, and American Medical Association.

Heard, considered, and decided by the court en banc.

OPINION

MEYER, Justice.

Kimberly Molloy (Molloy) and her husband, Glenn Molloy, brought a medical malpractice action against appellants Dr. Diane Meier, Dr. Reno Backus, and Dr. Kathryn Green, claiming they were negligent in failing to diagnose a genetic disorder in Molloy's daughter and their negligence caused Molloy to conceive another child with the same genetic disorder. The district court denied the appellants' motion for summary judgment and concluded...

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