Texas Senate approves curbing ‘wrongful birth’ lawsuits

The Texas Senate has preliminarily approved a “wrongful birth” bill prohibiting parents from suing doctors for malpractice after their child is born with severe disabilities.

Monday 21-9 vote means Conroe Republican Sen. Brandon Creighton’s bill is just a procedural vote away from heading to the Texas House.

At issue is a 1975 case where the Texas Supreme Court ruled that parents were entitled to damages covering the extra cost of raising a child with disabilities after doctors failed to fully inform them about problems with the pregnancy.

Creighton says doctors still would have to disclose all important information to patients, who also can still sue for negligence. But he says doctors wouldn’t be liable for delivering disabled children, thus discouraging abortions.

Opponents warn of physicians imposing “their own morality” on patients.