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