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.
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