High Court Throws Out "Wrongful Life" Suit
By Dave Reynolds, Inclusion Daily Express
January 2, 2003
SALT LAKE CITY, UTAH--The parents of a 4-year-old girl with Down syndrome cannot sue a doctor for misreading prenatal tests designed to identify the disability, the Utah Supreme Court ruled Tuesday.
In a split decision, the court ruled that the state's 1983 Wrongful Life Act is constitutional. That law keeps parents from filing so-called "wrongful birth" or "wrongful life" lawsuits against doctors for failing to provide such information.
Marie Wood and Terry Borman claimed that they went to doctors specifically to find out whether their unborn daughter would have a genetic disability. The couple was assured that there was little risk.
After the girl was born with Down syndrome, Wood and Borman sued the hospital, saying they would have ended the pregnancy if they had known.
A lower court threw out the lawsuit based on the Wrongful Life Act. The Supreme Court upheld that decision.
"Wrongful Birth Lawsuits" (Inclusion Daily Express Archives)