Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Plaintiffs, a married couple - Mr. and Mrs. A - sought reproductive assistance through an in vitro fertilization (IVF) center in order to have their

Plaintiffs, a married couple - Mr. and Mrs. A - sought reproductive assistance through an in vitro fertilization (IVF) center in order to have their own biological child. After a successful IVF procedure, the couple's child was born, a baby girl. However, the race of the baby did not appear to be the same as the race of the parents. The couple filed a claim for negligence against the IVF center after confirming by DNA test that Mr. A was not the baby's biological father. The couple also claimed that the defendants committed assault and battery since the plaintiffs did not consent to fertilization with a stranger's sperm during the in vitro fertilization procedure. The couple claimed that the injury caused by the defendant's action caused them the emotional distress of raising a child that is of a different race, and not genetically their own, even if they love Baby A as their own. They claimed to anticipate emotional distress for themselves and Baby A as she grows older with the confusion of her identity. The defendants claimed that because they only had a duty to Mr. and Mrs. A (the patients), not Baby A, the defendants cannot be held liable for the claims for Baby A's emotional distress. Prepare a memo to the file addressing the following:. Have Plaintiffs established a case for negligence? Why? Why not? Have Plaintiffs established a case for battery? Why? Why not? Are there any affirmative defenses available to defendants in this case? As a result of this case, what might an IV facilities risk manager want to investigate

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Technology Business Management

Authors: Todd Tucker

1st Edition

0997612746, 978-0997612745

More Books

Students also viewed these General Management questions

Question

Do I really need this item?

Answered: 1 week ago

Question

7.3 Describe considerations in the preliminary applicant screening.

Answered: 1 week ago

Question

7.2 Explain the selection process.

Answered: 1 week ago