Wrongful Birth Bill: New Abortion Legislation Passes Arizona Senate
The Arizona Senate passed a bill Tuesday that will prohibit medical malpractice lawsuits against doctors who withhold information from a woman that could cause her to have an abortion.
The “wrongful birth, wrongful life” lawsuit legislation passed the Republican-controlled Senate 20-9 Tuesday, setting up a coming battle in the GOP-dominated state House of Representatives. The legislation — which is currently law in nine states — is sponsored by a Republican senator with close ties to the conservative American Legislative Exchange Council. The approval comes as Kansas lawmakers consider similar legislation.
Sen. Nancy Barto (R-Phoenix) told the Claims Journal that she sponsored the law because she did not want claimants to blame a doctor for a baby born with disabilities. Under the provisions of her bill, a doctor could not be sued for medical malpractice if the doctor withholds information from a mother about a child’s potential health issues that could influence her decision to have an abortion. In addition, a lawsuit could not be filed on the child’s behalf regarding a disability.
The suits and laws have been deemed “wrongful birth” and “wrongful life.”