Court upholds Kansas law banning ‘wrongful birth’ lawsuits

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Close-up hand check of pregnancy in hospital

TOPEKA, Kan. — An appeals court has ruled that a Kansas law prohibiting lawsuits based on “wrongful birth” claims is constitutional.

KCUR reports that the Kansas Court of Appeals ruled Friday on the law that protects physicians from malpractice suits if they withhold or fail to provide information about fetal abnormalities that might cause the mother to get an abortion. The measure was signed into law by then-Gov. Sam Brownback in 2013.

The case was brought by Alysia R. Tillman and Storm Fleetwood, whose daughter was born with severe brain defects. They sued their doctor, claiming her failure to make a correct diagnosis denied them the right to make an informed decision on whether to terminate the pregnancy.

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