Pa. Court Tosses Ban on ‘Wrongful Birth’ Lawsuits | York Dispatch | Associated Press | MARK SCOLFORO | 11/14/12

Scheme of a genetic mutation, in this case Tri...

Scheme of a genetic mutation, in this case Trissomy 21 (Photo credit: Wikipedia)

HARRISBURG, Pa.—A lawsuit based on a claim that doctors did not warn a pregnant woman she might give birth to a baby with severe defects can proceed because the Legislature violated the state constitution when it passed a law banning those types of suits, a state appeals court ruled Wednesday.

A Superior Court panel issued a 3-0 ruling in the case of a couple who sued doctors and medical facilities they said did not inform the mother-to-be she carried a genetic mutation that causes a rare neurological condition called familial dysautonomia, which their son has.

The judges said the ban on lawsuits based on so-called “wrongful birth” claims wasn’t sufficiently related to the rest of the bill when it passed in 1988 and therefore violated the state constitution’s single-subject provision.

For full article see: Pa. court tosses ban on ‘wrongful birth’ lawsuits – York Dispatch.



About vinhsu

Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
This entry was posted in Appeal/ Trial Errors, Marriage/ Juvenile/ Family Law, National News, Pennsylvania and tagged , , , , , . Bookmark the permalink.

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