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What’s Wrong with Wrongful Birth?



By Sandy Salmon - Posted at Caffeinated Thoughts:

On June 2nd of this year, the Iowa Supreme Court recognized for the first time that parents have a right to a “wrongful birth” claim. In the case before them, they ruled that parents of a child born with severe disabilities may bring a medical negligence lawsuit based on the doctors’ failure to inform them of prenatal test results showing abnormalities that would have allowed them to exercise their option to abort their child. This particular lawsuit is known as a wrongful birth claim.

The parents did not argue, as would be typical in a tort case, that the doctors’ negligent care caused their child’s disability and that therefore they were seeking damages to remedy that. Instead, their argument centered on this: that had the doctors properly counseled them about the test results; they would have chosen to abort their baby. This complaint is the essence of a wrongful birth claim.

Earlier, in this case, a lower court judge had dismissed this lawsuit saying that the Iowa Code does not recognize wrongful birth. Indeed he is correct: there is no law on the books regarding this issue. Further, that judge stated that whether such a claim should be recognized was better left for the legislature to decide. This judge properly deferred to the legislature to determine this law as that is the legislature’s role.

The Iowa Supreme Court disagreed 6-1, reversing that court’s decision and “creating” a legal basis for a wrongful birth claim, though none existed in Iowa law. They based this on the flimsy “right to abortion” created by the federal Supreme Court in Roe vs. Wade.

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Previously Featured Posts

(The Times Examiner) SC Legislature: Redefining How to Kill Babies

Christiansfor Personhood ( CP )
Columbia, South Carolina
March 25, 2018

The Times Examiner ( Greenville, SC ), March 21, 2018:

INDEPENDENT CONSERVATIVE VOICE OF THE PALMETTO STATE


General Assembly:Redefining How to Kill Babies

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The Times Examiner, Greenville, SC
INDEPENDENT CONSERVATIVE VOICE OF THE PALMETTO STATE

‘General Assembly: Redefining How to Kill Babies’ [ three pages ]
March 21, 2018
http://christianlifeandliberty.net/2018-03-24-General-Assembly-Redefining-How-to-Kill-Babies-Times-Examiner-Mar-21-2018.pdf

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Excerpts:

[ SC House Rep. Linda ] Bennett, the bill’s sponsor, was reported in The State saying her bill [ H.3548 ] would not stop physicians from performing the procedure [ dismemberment ]. It would, however, require doctors to kill the fetus before it is removed, she said. [ emphasis, hyperlink to The State added ]

“All this bill does is require them to euthanize the baby before the…

I WAS A DISNEY PRINCESS AND HAD AN ABORTION

By Deanna Falchook - Posted at Medium:

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Personhood Prayer Alert

Personhood Prayer Alert: 

Christians, please pray now for SC Sen Shane Massey and the Republican Senate Caucus to have the WILL to set S217 Personhood Bill for Special Order TODAY Tues March 27 in Senate chamber session which begins @ 2PM 

(Video) Re: S217 Personhood Bill - SC Senate chamber session Thurs March 22:  Republican-majority Senate refused once again to set S217 for Special Order during the nearly daily Motion Period. 

To view video go here:

 South Carolina Legislature Video Archives

https://www.scstatehouse.gov/video/archives.php

Then click on the video near top of the  archived list, entitled: "Thursday, March 22, 2018, 11:00 am, Senate - Senate, 1:56:34"

When the video comes up, point the cursor on the sliding time bar to 1:54:00 near the end of last Thurday's Senate session, and observe the next 30 seconds or so to watch how (business-as-usual) Sen Hugh Leatherman (RINO-Florence) moved for the rest of the Motion Period to be dispensed with, and how the entir…