Santos v. Kim

The plaintiffs are the parents of a child born with severe brain damage who died one day after delivery by Caesarian section. The mother (plaintiff) sues on her own behalf and as administratrix of her child’s estate. During a previous pregnancy, the mother was found to be Rh negative, a blood condition which, if not promptly treated, can lead to severe fetal *131damage and death to the child. For this reason, those undertaking the plaintiff’s obstetrical care regularly had blood tests performed so as to allow an appropriate response if the blood condition recurred. These tests were performed at…