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Ohio Bill Outlaws Wrongful Birth Lawsuits

Bill outlaws wrongful birth' lawsuits

Gov. Bob Taft Expected To Sign Legislation

Columbus -- The Ohio Supreme Court said recently that parents could recover basic costs from doctors who negligently failed to detect fetal birth defects, but state lawmakers Tuesday trumped that ruling by eliminating such lawsuits.

In a 76-18 vote with no debate, the Ohio House of Representatives concurred with Senate changes to a bill that prevents claims by parents that the birth of a child with a disability is a legal injury. The legislation addressed the filing of "wrongful birth" and "wrongful life" lawsuits in which the parents say had they known of the defects, they would have aborted the fetus. Gov. Bob Taft is expected to sign the bill.

Less than two weeks ago, a sharply divided Supreme Court said wrongful births are a legitimate claim for medical malpractice lawsuits. The court, however, limited recovery by the parents to pregnancy and birth costs and justices barred any financial recovery for raising the child or for damages such as pain and suffering.

But Tuesday the General Assembly determined there is no liability for failing to detect serious birth defects. Parents can still file medical malpractice lawsuits if an omission of information related to medical diagnosis, care or treatment was intentional or willful.

The original bill, House Bill 287 sponsored by Rep. Jim Aslanides, a Coshocton Republican, exempted Amish and Mennonite birthing centers from needing a state license to operate. State Sen. Jim Jordan, an Urbana Republican, added the restriction on filing wrongful birth and wrongful life lawsuits to the bill last month.

"The premise of those lawsuits was whether death is preferable to life with a disability," Aslanides said. "Parents filing suit say the child should never be born."

Ohio Right to Life applauded the bill's passage as an affirmation that the life of a child with disabilities deserves respect, said Mark Lally, counsel for the organization.

"These lawsuits undermine societal efforts to change negative attitudes toward the value of persons with disabilities and encourage parents to publicly assert that they wish that their children had never been born," Lally said in a news release.

Gerry Leeseberg, of the Ohio Academy of Trial Lawyers, said lawmakers were putting emotionally and financially strapped parents in an even tougher situation.

"It will cost an enormous amount of money to care for that child, so what they are really saying is tough luck,' " Leeseberg said. The child likely will qualify for numerous social service programs, Leeseberg said, so the absurdity of the bill is that taxpayers will pay the costs to raise the child.


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Posted by Editor at March 15, 2006 12:19 PM