[Expert Solution]: Plaintiffs sued Hospital and staff of…

Plaintiffs sued Hospital and staff of Hospital’s Center for Advanced Reproductive Services (CARS) for (1) medical malpractice associated with the fertility treatment. In other words, for inseminating Plaintiff wife, with sperm from a CMV positive donor, causing the death of the infant daughter and Joshua’s injuries. (2) Parents also sued on the grounds of negligent prenatal care because of the providers actions concerning the October, 2014 ultrasound images that indicated that Plaintiff wife and the twins were infected with CMV (prenatal care claims). Parents also stated that, as a result of the Hospital’s negligence, the parents were not advised that [the twins] had developed congenital CMV, and were not counseled with respect to the treatment options available to them including termination of the pregnancy because of the significant risks associated with congenital CMV.’’ The state moved dismiss the fertility treatment claims on the ground that they were ‘‘wrongful life’’ claims, which are not legally permitted in the state. A wrongful life action differs from an ordinary medical malpractice (negligence) action in that the complaint does not allege that the physician’s negligence caused the child’s abnormality but, rather, that the physician’s failure to timely diagnose the abnormal condition prevented the mother from making the choice to terminate her pregnancy. Most courts do not permit recovery for wrongful life due to the difficulty of calculating damages, which requires a comparison between life in the child’s impaired state and no life at all. Question: What will be the result of the family’s medical malpractice (negligence) claims against State Hospital? Be sure to also discuss the impact of the state’s wrongful life claim argument on this medical malpractice (negligence) suit.