“Plaintiff claims that Defendant was negligent because Defendant failed to inform him of the risk that he would have a [genetically impaired/disabled] child. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant negligently failed to [diagnose/ warn Plaintiff of] the risk that the child would be born with a [genetic impairment/disability] or that Defendant negligently failed to [perform appropriate tests/advise Plaintiff of tests] that would more likely than not have disclosed the risk that the child would be born with a [genetic impairment/disability]; 2. That the child was born with a [genetic impairment/disability]; 3. That if Plaintiff had known of the [genetic impairment/disability], the mother would not have conceived the child [or would not have carried the fetus to term]; and 4. That Defendant’s negligence was a substantial factor in causing Plaintiff to have to pay extraordinary expenses to care for the child.”
[CACI Jury Instructions [citations omitted]]
