Aggregated News

A Montana couple who say they would have terminated a pregnancy if they had known their daughter would be born with cystic fibrosis can move forward with their lawsuit against their health care providers, a state judge has ruled.

District Judge Mike Salvagni ruled Monday that Kerrie and Joe Evans’ claims should be heard in court, the Bozeman Daily Chronicle reported (http://bit.ly/MH9eL1) Thursday.

The lawsuit, filed in October, names several health care providers, including Livingston HealthCare and nurse Peggy Scanson. It seeks damages for emotional distress and their daughter’s medical costs and a requirement that the clinic establish a checklist to ensure patients are informed of all genetic testing available and given the opportunity to accept or decline it in writing.

The lawsuit claimed that Kerrie Evans, who was 38 when she became pregnant, told Scanson that the pregnancy was unplanned and she and her husband had “the most private of discussions about terminating the pregnancy in the event the fetus tested positive for serious fetal abnormalities.”

The Gardiner couple said Scanson failed to exercise a standard of...