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Texas Takes Wrongful Birth Off Of The Medical Malpractice Menu

Medical malpractice lawsuits can originate in many ways. The core elements to a case with merit include:

  • The plaintiff received medical care
  • The medical care was substandard
  • The substandard medical care caused harm to the patient

Since the elements are so broad, it stands to reason that medical malpractice claims can be brought by all kinds of harmed patients. Some may have prescribed a drug that resulted in an unanticipated side effect. Others may have had the unfortunate occurrence of having had a surgical tool mistakenly left inside their body. However, one type of plaintiff, the parents of a child who was born with a genetic disability, may soon be eliminated from the possible plaintiff list in Texas.

Wrongful birth medical malpractice lawsuits usually involve a child being born with a genetic defect. If the parents were not made aware of the genetic defect through proper warning from their health care provider, grounds for a lawsuit exist. However, the Texas Senate State Affairs Committee recently passed a bill that would stop the filing of wrongful birth lawsuits.

Texas State Senator, and creator of the bill, Brandon Creighton said, “Senate Bill 25 send(s) a message that Texas does not believe that a life, in and of itself, is an injury in which parents need a damage payment.”

Prior to the vote, opponents said the bill would open the door to doctors to lying to patients about the health of their fetuses when they feel that the patient might seek an abortion if told that the fetus has a long-term health problem. In other words, the bill has a hidden agenda in that the physicians would place their own morality ahead of the child’s and parent’s well beings.

Wrongful birth cases first originated in Texas in 1975 when a physician was sued by the parents of a child who was born, without warning, with dysfunctional internal organs. The condition was caused by the mother having contracted rubella. The doctor did not warn the parents of the impact the disease could have on their unborn child. The trial was decided in favor of the parents.

Medical malpractice can have devastating effects that last a lifetime. If you have been injured by a physician’s neglect, attorneys Charles Gilman and Briggs Bedigian will work to get you the full compensation to which you are entitled. Call 800-529-6162 today or contact them online for a free case evaluation. They handle cases in Maryland, Pennsylvania, and Washington, D.C.

About the Author

Briggs Bedigian
Briggs Bedigian

H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm’s litigation practice.  Briggs’ legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 

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