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TOPEKA, Kan. (Legal Newsline) - A law prohibiting “wrongful birth” lawsuits by parents who claim they would have aborted a disabled fetus had they known of its condition doesn’t violate the Kansas Constitution, the state’s high court ruled, because the cause of action was created by the Kansas Supreme Court in 1990. Citing a rule that drew heavy criticism from several justices, the Kansas Supreme Court said the state constitutional guarantee of a right to trial by jury in civil cases only applies to cases that would have been allowed under the common law when the Kansas Constitution was adopted in 1859. ....
Kansas Supreme Court Upholds Law Barring ‘Wrongful Birth’ Suits Kansas’ highest court on April 30 upheld a law barring so-called wrongful birth lawsuits against doctors, in a case in which a couple sued because they weren’t told of serious fetal defects until after an abortion could have been obtained. The state Supreme Court ruled against the parents of a girl born with a severe brain abnormality who said they would have opted for an abortion had they known of their daughter’s medical problems months before her May 2014 birth. The Republican-controlled Legislature and then-GOP Gov. Sam Brownback passed the law against wrongful birth lawsuits in 2013 at the urging of abortion opponents. It overturned a 1990 state Supreme Court ruling saying Kansas law allowed such lawsuits, and current Democratic Gov. Laura Kelly, then a state senator, voted against it. ....
TOPEKA Kansas highest court on Friday upheld a law barring so-called wrongful birth lawsuits against doctors, in a case in which a couple sued because they ....
The Kansas Supreme Court has upheld the constitutionality of a state law abolishing a medical malpractice claim known as a “wrongful birth.” The 4-3 decision affirms a Riley County District Court’s dismissal of a lawsuit by parents who alleged their prenatal doctor negligently failed to inform them about serious fatal abnormalities observable from an ultrasound. Alysia Tillman and Storm Fleetwood of Manhattan sued their physician, Dr. Katherine Goodpasture, for denying information about their child’s severe brain defects. The information could have allowed the couple to seek an abortion. A statute barring these types of lawsuits was passed by the Kansas Legislature in 2013. They had previously been recognized as viable claims in a 1990 Kansas Supreme Court Decision. Justice Caleb Stegall wrote a concurring opinion arguing the 1990 decision should be overruled, avoiding the constitutional questions faced by the high court. Two other justices also dissented inclu ....
The state s highest court Friday morning ruled a state law barring wrongful birth lawsuits is valid and constitutional. The decision was spurred by a couple trying to sue a doctor for failing to detect abnormalities in the fetus before the child was born. In 2014, Katherine A. Goodpasture provided an ultrasound that reported a fetus with a normal anatomy, but the parents alleged there should have been severe structural deformities and brain defects reflected. Alysia R. Tillman, the mother, eventually gave birth to a child with severe and permanent neurological, cognitive, and physical impairments. The parents alleged that the doctor s negligence in reporting an accurate ultrasound deprived Tillman of her right to make an informed decision about her options ― one can assume abortion as a possibility. ....