Kansas Supreme Court Hears “Wrongful Birth” Argument

The Kansas Supreme Court heard discussions of the proper roles of the Legislature and courts, as it wrestled with whether a state statute that prohibits lawsuits based on “wrongful birth” claims is constitutional.

Justices heard oral arguments via Zoom on whether the parents of a disabled child have a right to a trial on their malpractice claims.

A lower appeals court had earlier held that the statute protects physicians from malpractice suits if they fail to provide information about fetal abnormalities that might cause the mother to get an abortion.

Months before the birth, the doctor performed an ultrasound, and told the parents it showed a healthy female fetus.

The parents legal argument is that they would have chosen to terminate the pregnancy had they received an accurate interpretation of the ultrasound.

The Kansas Deputy Solicitor General argued the legislative branch has the primary authority to determine what injuries are compensated.

The court took the matter under advisement after listening to the arguments.