Texas law would ban ‘wrongful birth’ medical malpractice lawsuits

by John Chapman

The Texas Senate State Affairs Committee has unanimously passed a bill that would remove “wrongful birth” as a cause of action in medical malpractice lawsuits filed in the state. The author of the Texas wrongful birth bill, Sen. Brandon Creighton, said that the law would prevent doctors from being forced to seek out every possibility in order to avoid getting sued.

Wrongful birth lawsuits involve legal actions taken by the parents of a child born with a genetic disability. The claims involve allegations that parents were not properly warned by their doctor about their child’s chances of being born with a disability or properly counseled about their options.

Creighton and other supporters of the Texas wrongful birth lawsuits ban say that allowing these claims in the state could encourage doctors to counsel their patients to undergo an abortion to avoid litigation. The Conroe-area senator also disputed the notion that there were “wrongful” births, stating that “children born with disabilities ought to have the same rights as any abled person.”

At least nine U.S. states have passed laws outlawing wrongful birth lawsuits, including Arizona, Indiana, and South Dakota. Medical malpractice attorneys in the state of Texas say that wrongful birth lawsuits are rare in the state, even without the proposed law. During testimony last year in the Texas Senate about the proposed bill, a spokesperson for the Texas Medical Board said that it had received only five complaints involving wrongful birth in the past decade; three of those complaints were dismissed.

Wrongful birth lawsuits are different from wrongful life lawsuits, which are filed on behalf of disabled children. These lawsuits are currently prohibited by Texas law. Wrongful pregnancy lawsuits, which are filed by women who became pregnant after undergoing an operation to prevent conception, are allowed under Texas law.

Medical Malpractice Lawsuits Filed on Behalf of Children with Birth Injuries

Patients depend on doctors and other medical professionals for their health and wellbeing. When a patient puts their life in someone else’s hands, they deserve to receive the best possible care and treatment. When medical treatments involve the delivery of a newborn, the responsibility of doctors and medical staff involves not only the mother, but her baby as well.

Despite this, thousands of children are born with birth injuries every year in the U.S. Many of these cases involve negligence on the part of doctors, staff, or medical facilities where the child was born. In order to successfully file a medical malpractice or other personal injury claims on behalf of a child that suffers from birth injuries, parents require the help of attorneys with the experience and financial resources to successfully take their case to trial.

The lawyers at Heygood, Orr & Pearson have successfully represented many victims of medical malpractice, including verdicts and settlements on behalf of families whose child was injured as a result of negligence by doctors, hospital staff, or other individuals. Our law firm has the knowledge, experience and financial resources necessary to prosecute even the most complex birth injury and medical malpractice cases. At Heygood, Orr & Pearson, we are committed to achieving justice for our clients, whatever the cost.

If your child was born with birth injuries that you believe were caused by the negligence of doctors, nurses, hospital staff, or the medical facilities where the baby was born, please contact the lawyers at Heygood, Orr & Pearson to learn more about where you may qualify to file a lawsuit on behalf of your baby. For a free legal consultation, please call toll-free at 1-877-446-9001, or simply follow the link to our free case evaluation form and answer a few simple questions to get started.

by John Chapman

John Chapman is a licensed attorney with experience in complex commercial litigation (including securities fraud, RICO, shareholder oppression, and derivative actions) and personal injury litigation.