Lough Ex Rel. Lough v. Rolla Women's Clinic, Inc.

HOLSTEIN, Judge.

Tyler Lough was born with multiple, irreversible, profound disabilities. According to a petition filed on his behalf, his condition is traceable to an error in reporting an Rh factor blood test performed on his mother in connection with a previous pregnancy in 1984. Concluding that no cause of action for preconception tort exists in this state, the trial court sustained motions for summary judgment. Following opinion by the Missouri Court of Appeals, Southern District, this Court granted transfer. Rule 83.03. The judgment is reversed.

I

On appeal from a summary judgment, the…