(CN) – A Florida appeals court reinstated a negligence lawsuit accusing an ultrasound technician of failing to tell a couple that their child was missing part of a limb.
Norma Pointer told Selena Shaffer and Brant Bolinder that their baby would be born with 10 fingers and 10 toes. However, when Greenley was born, she was missing a forearm and a hand.
The parents lost their initial claim, as the trial court agreed with Pointer that the only available cause of action would be wrongful birth. This falls under the Medical Malpractice Act, which is inapplicable because the Act does not mention ultrasound technicians.
The parents took the case to the 2nd District Court of Appeal in Lakeland, Fla., where Judge Whatley agreed with them that they could sue Pointer for negligence.
“Because the appellants alleged an action for ordinary negligence, not medical malpractice, against Pointer, the trial court erred in dismissing the counts against her,” Whatley wrote.
Reinstating the complaint, Whatley added, “the trial court’s ruling would leave Pointer immune from suit for any negligence she may have committed.”