Gale v. Obstetrics & Gynecology of Atlanta, P. C.

Judge Harold R. Banke.

The appellants, Robin and Kevin Gale, brought this action against the appellees alleging medical malpractice, breach of contract, and breach of confidential relationship based on the medical treatment rendered by the appellees during the course of Mrs. Gale’s pregnancy which resulted in her giving birth to a child with Down’s Syndrome. The trial court dismissed the action for failure to state a claim upon which relief could be granted, resulting in this appeal.

This court originally transferred the appeal to the Supreme Court, on the ground that the constitutionality of a…