Kansas couple asks state supreme court to void 2013 law barring wrongful birth lawsuits – By Katie Bernard (Kansas City Star) / Sept 15 2020
In 2014 Alysia Tillman gave birth to a child with a severe neurological abnormality. A defect that, according to her attorney, would leave the child with a very short life expectancy and inability to function independently.
The child’s condition, Tillman’s attorney argues, should have been diagnosed in utero by the couple’s doctor, allowing the parents to decide whether they wanted to terminate the pregnancy. Because it wasn’t, Tillman and the baby’s father sued their doctor, Katharine Goodpasture, in 2016 claiming her medical negligence denied them an opportunity to make an informed decision.
Four years later, their case will be heard by the Kansas Supreme Court on Wednesday. It will determine whether a 2013 law that shields doctors from liability in wrongful birth cases, signed by then-Gov. Sam Brownback, is unconstitutional.
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