SCHIRMER v. MT. AUBURN OBSTETRICS

No. 2004-0296.

108 Ohio St.3d 494 (2006)

2006-Ohio-942

SCHIRMER ET AL., APPELLANTS AND CROSS-APPELLEES, v. MT. AUBURN OBSTETRICS & GYNECOLOGIC ASSOCIATES, INC. ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided March 3, 2006.


Attorney(s) appearing for the Case

Mark B. Smith Co., L.P.A., and Mark B. Smith; and Sandra L. Steele, for appellants and cross-appellees.

Adkinson & Assoc., L.L.C., and Patrick K. Adkinson; Arnold, Todaro & Welch and Karen L. Clouse, for appellees and cross-appellants Kevin Fitzgerald, M.D. and Mt. Auburn Obstetrics & Gynecologic Associates, Inc.

Dinsmore & Shohl, L.L.P., Frank C. Woodside III, Jeffrey R. Schaefer, and Robert A. Carpenter, for appellees and cross-appellants Children's Hospital Medical Center and Martha Walker, M.S.

Rendigs, Fry, Keily & Dennis, Paul W. McCartney, and Megan K. Roach, for appellee and cross-appellant Howard Saal, M.D.

Davis & Young, Jan L. Roller, and Richard M. Garner, urging reversal for amicus curiae, University Hospitals of Cleveland.


O'CONNOR, J.

{¶ 1} We are asked to consider whether the parents of an unhealthy child born following negligent genetic counseling or a negligent failure to diagnose a fetal defect or disease may bring suit for the costs of having to raise and care for an impaired child. We hold that such a suit may be brought under traditional medical-malpractice principles and that the costs recoverable are those arising from the pregnancy and birth...

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