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Nelson v. Krusen
Supreme Court of Texas
678 S.W.2d 918 (Tex. 1984)
Tom and Gloria Nelson (plaintiffs) had one child with muscular dystrophy when they learned that Gloria was pregnant with a second child. The Nelsons consulted Dr. Edward Krusen (defendant) to determine whether Gloria was a genetic carrier of muscular dystrophy and whether their unborn child might have the disorder. Dr. Krusen advised the Nelsons that Gloria was not a genetic carrier of muscular dystrophy. Consequently, the Nelsons proceeded with the pregnancy. Three years after giving birth to a son, Mark, the Nelsons learned that Mark had muscular dystrophy. The Nelsons filed suit in their parental capacity against Dr. Krusen and Baylor University Medical Center (defendants) for wrongful birth. The Nelsons also brought suit against the defendants on behalf of Mark on a claim of wrongful life. The Nelsons claimed that had Dr. Krusen properly advised them that Gloria was a genetic carrier of muscular dystrophy they would have terminated the pregnancy. The trial court granted summary judgment to the defendants. The Nelsons appealed. The court of appeals affirmed. The Supreme Court of Texas granted certiorari to review.
Rule of Law
Holding and Reasoning (Spears, J.)
Concurrence (Robertson, J.)
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