This section contains the nature of the case and procedural background.

Brandy Taylor had a doctor-patient relationship with D, a specialist in radiology. Brandy Taylor gave birth to the couple's daughter, Shelby Taylor. Throughout her pregnancy, Brandy Taylor had been treated by Dr. Leela Suruli. Suruli had ordered that a routine ultrasound be performed in Brandy Taylor's second trimester. The ultrasound was conducted on December 4, 1993, and interpreted by D. D concluded that the pregnancy was seventeen weeks along, plus or minus two weeks, and that there were no visible abnormalities with the fetus. A second ultrasound was conducted on March 16, 1994, and interpreted by another physician, Dr. M.B. Cash. Cash indicated that the baby's femurs could not be adequately identified and believed that a high-resolution ultrasound could be helpful. Suruli told Brandy Taylor that the baby had short femur bones and would merely be shorter than average. Brandy Taylor decided not to have another ultrasound. Shelby Taylor was born on April 19, 1994, with 'gross anatomical deformities, including a missing right shoulder, fusion of the left elbow, missing digits on the left hand, missing femur on the left leg, and short femur on the right. Shelby Taylor had femur-fibula-ulna syndrome. Ps sued Ds alleging that the standard of care in performing the initial ultrasound had been breached by D when he failed to locate all four limbs at the time of the ultrasound. Ps claimed an action for Wrongful birth in that the failure to reveal the disabilities deprived Ps of their right to make a reproductive decision regarding the pregnancy. Ps' claims of negligent infliction of emotional distress and wrongful birth were dismissed by the trial court under the statute of limitations. Ps appealed.

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