Spencer by and Through Spencer v. Seikel

DOOLIN, Chief Justice.

On October 14, 1981 plaintiff/appellant, hereinafter “patient”, engaged the services of defendant/appellee, hereinafter “doctor”, for prenatal care relative to her third pregnancy. During the course of treatment, on December 16,1981, doctor discovered fetus was suffering from hydrocephalus, a condition which results from the backing up of cerebrospinal fluid into the brain ventricles. This condition usually produces retardation of brain development.

Patient gave birth to the plaintiff/appellant child in the spring of 1982. The child was bom with virtually no brain. He is…