Hester v. Dwivedi
Ohio Supreme Court
733 N.E.2d 1161 (Ohio 2000)
- Written by Angela Patrick, JD
Facts
Patricia Hester was pregnant and sought prenatal care from Dr. Leela Dwivedi and Dr. Luis Suldana (the doctors) (defendants). As part of this care, Patricia underwent several tests. The test results indicated that the fetus might have abnormalities, but neither doctor ever informed Patricia. Patricia eventually gave birth to Alicia Hester (plaintiff). Alicia was born with spina bifida and other complications. On Alicia’s behalf, her parents sued the doctors for medical malpractice, alleging a wrongful-life claim. Essentially, the complaint alleged that (1) the doctors had negligently failed to inform Patricia about the test results and (2) if they had informed Patricia, she would have had an abortion, and Alicia never would have been born. Alicia’s claimed damages were the extra medical and educational expenses that she would incur over her lifetime due to living with her medical conditions. The doctors moved for summary judgment, arguing that Ohio did not recognize wrongful-life claims. The trial court granted the motion, dismissing Alicia’s claim. The Ohio Supreme Court agreed to review the case.
Rule of Law
Issue
Holding and Reasoning (Moyer, C.J.)
Dissent (Pfeifer, J.)
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