Etkind v. Suarez

Smith, Judge.

Appellants in this action frankly state that “[t]his medical malpractice action seeks to change the law on wrongful birth by obtaining a ruling that Atlanta Obstetrics & Gynecology Group v. Abelson, 260 Ga. 711 [(398 SE2d 557)] (1990)... no longer applies.” As in Abelson, appellants are attempting to bring a “wrongful birth” action against an obstetrician for failure to determine during the mother’s pregnancy that their child was suffering from Down’s syndrome. After a lengthy discussion of the problems inherent in such a cause of action, the Supreme Court of Georgia declined to…