Gami v. Mullikin Medical Center

In Gami v. Mullikin Medical Center (1993) 18 Cal. App. 4th 870, 881 22 Cal. Rptr. 2d 819, defendants negligently failed to inform a pregnant woman of the need for her to provide a second blood sample for AFP testing after the first blood sample she provided proved unsuitable for testing. "As a result of this negligence, plaintiff's mother did not have the opportunity to learn that plaintiff could have been afflicted with a neural tube defect" and the child was born with spina bifida. The appellate court held that the child was entitled to legal protection from the negligence of the health care providers, and could bring a wrongful life cause of action. (Gami v. Mullikin Medical Center, supra, 18 Cal. App. 4th at p. 883.) In so doing, the court rejected the defendants' contention that if anyone had suffered injury, it was the pregnant woman and not the child, because as a result of the alleged negligence, the mother did not have the opportunity to learn that the child was afflicted with a neural tube defect and was thereby deprived of the opportunity to have an abortion. According to defendants, only the mother had standing to seek damages based on the deprivation of her right to an abortion. The court rejected that notion.