Kansas court hears arguments over "wrongful birth" law

September 16, 2020 - 5:07 pm

The Kansas Supreme Court seemed worried Wednesday about 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.

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


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