Bill: HB 434, 85(R) - 2017

Bill Caption

Relating to eliminating the wrongful birth cause of action.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 434 modifies the civil practice and remedies code by adding a chapter that prohibits a cause of action for wrongful birth. Wrongful birth cause of action is one type of medical malpractice claim, alleging that parents were not properly informed on the potential consequences of having a baby with disabilities, and that if they had been properly informed they may have choose to abort the fetus. Typically parents seek damages for a child born with birth defects. This bill prohibits damages from being awarded on the grounds of wrongful birth. 

This bill also clarifies that this section may not be construed to eliminate any duty of a physician or other health care practitioner under any other applicable law. 

Vote Recommendation Notes

If a physician has done nothing wrong it makes no sense to place them in legal limbo. Disabilities and abnormalities are sometimes not obvious, and not always discoverable through tests. In light of Texas’ physician shortage physicians should not be dissuaded from practicing in the state. This bill would be improved by specifying that a cause of action may only be pursued in a case of intentional gross negligence or intentional omission, otherwise limiting frivolous lawsuits is supportive of our limited government and personal responsibility principles.

Source URL (retrieved on 04/23/2024 01:04 PM): http://reports.texasaction.com/bill/85r/hb434?print_view=true