Colin and Natalie Orally Agreed with Medical Center X for an in Vitro

question 38

Multiple Choice

Colin and Natalie orally agreed with Medical Center X for an in vitro fertilization procedure that would not result in the birth of an autistic child. They later signed a written contract stating that the medical center could not promise an absence of physical or mental defects and assumed no responsibility for such defects. The child conceived had autism. Which of the following is the most likely result of the parents' suit for breach of the oral agreement if the court follows the decision in Scalisi et al. v. New York University Medical Center discussed in the text?

• A) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts conditioned on orally agreed upon terms.
• B) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts that are not final as they are part written and part oral.
• C) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving contracts that are incomplete.
• D) The oral agreement will be enforced, and the parents will prevail under the exception to the parol evidence rule involving evidence of prior dealings or usage of trade.
• E) The medical center will prevail based upon the written contract.

---

Definitions:

Examination Position

Specific postures that patients are placed in during a medical examination or procedure to provide better access or visibility to certain body parts.

Differential Diagnosis

The process of distinguishing a particular disease or condition from others that present similar clinical features.

Examination Position

Specific positions that patients are placed in during medical examinations to allow healthcare providers better access or visibility to assess the patient's condition.

Examination Position

A specific stance or posture a patient is asked to take during a medical examination to allow for better accessibility or visibility.