SB25: “Eliminating the Wrongful Birth Cause of Action”

Quick take: If this is an issue you care deeply about, by all means call your representatives or testify at the hearing. There will be bigger battles ahead.

On Monday, Feb. 27 there is a public hearing at 9 a.m. in the Senate Chamber on Senate Bill 25 “Relating to eliminating the wrongful birth cause of action.” (“Cause of action” is a legal term which basically just means grounds for filing a lawsuit.)

This is an anti-abortion bill, no question. But it’s going to affect a very small percentage of women. The vast majority of abortions take place before information about potential fetal abnormalities would even be available. And SB25 doesn’t prohibit a doctor from providing information, nor does it completely protect one for withholding information.

It does shield a health care provider from one possible cause of action, but there could still be a cause of action for medical malpractice for any consequence other than abortion—like failure to provide proper prenatal care if the woman were at higher risk as a result. (For example, some spinal defects can be treated in utero.)

In other words, this bill is bad but not as bad as lots of them. Also, a woman has a legal right to an abortion with a few limits. A creative lawyer could sue on some version of denial of civil rights.

There is an argument based on fiscal responsibility to made against any bill that is almost guaranteed to lead to litigation. Huge amounts of taxpayer money has been spent on lawsuits because of legislation that is unconstitutional on its face.

Further reading:

Texas Senators Consider Wrongful Birth Law

Should wrongful birth lawsuits be permitted in Texas?

 

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