Bill
SB 25
85(R) - 2017
Senate State Affairs
Senate State Affairs
Abortion
Civil Remedies
Liabilities
Women
Companion Bill
HB 434
Vote Recommendation
Yes
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Neutral
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Neutral
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Positive
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Positive
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Neutral
Author(s)
Brandon Creighton
Co-Author(s)
Paul Bettencourt
Brian Birdwell
Konni Burton
Donna Campbell
Craig Estes
Bob Hall
Kelly Hancock
Don Huffines
Joan Huffman
Lois Kolkhorst
Jane Nelson
Robert Nichols
Charles Perry
Charles Schwertner
Kel Seliger
Larry Taylor
Van Taylor
Bill Caption
Relating to eliminating the wrongful birth cause of action.
Bill Analysis
SB 25 amends 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.
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.
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