Kassama v. Magat

792 A.2d 1102 (2002)

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Kassama v. Magat

Maryland Court of Appeals
792 A.2d 1102 (2002)

  • Written by Ann Wooster, JD

Facts

Millicent Kassama (plaintiff) became pregnant, and Dr. Aaron Magat (defendant), an obstetrician, treated Millicent during her pregnancy. Millicent underwent an alpha-fetoprotein (AFP) blood test that showed her daughter Ibrion Kassama (plaintiff) might have Down’s syndrome, but Magat did not deliver the test results to Millicent. Ibrion was born with Down’s syndrome. The evidence showed that Ibrion and her parents deeply loved each other. Recent studies showed that it was possible for Ibrion to lead a useful, productive, and meaningful life like other children with Down’s syndrome. Millicent brought a medical-malpractice action on behalf of herself and Ibrion against Magat for wrongful life. Millicent claimed that if Magat had delivered the results of the AFP blood test, Millicent would have undergone an amniocentesis and would have chosen to terminate the pregnancy. Millicent sought recompense for her own distress and expenses incurred due to Ibrion’s disability as well as for Ibrion’s physical and emotional pain, bodily injury, and expenses for care and attention throughout her lifetime. The trial court dismissed Millicent’s wrongful-life claim. The special appeals court affirmed. Millicent appealed.

Rule of Law

Issue

Holding and Reasoning (Wilner, J.)

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