LEGISLATION
KANSAS SUPREME COURT CASE SUGGESTS COURT WOULD UPHOLD THE DAMAGE CAP ON WRONGFUL DEATH CASES
By : Elizabeth Smoller
In a recently released 4-3 decision , the Kansas Supreme Court upheld a statute banning a claim for wrongful birth . In the case of Tillman v . Goodpasture , the Supreme Court held the statute was constitutional and enforceable .
Wrongful birth cases are a form of medical malpractice based on the negligence of a physician in failing to identify severe and permanent defects in a fetus and / or inform the parents of such defects , thus depriving the parents of the opportunity to abort the pregnancy . Damages are typically the cost and mental anguish in caring for a severely disabled child . Kansas has a statute , K . S . A . 60-1906 , banning wrongful life or wrongful birth cases . The plaintiffs in the Tillman case were parents of a severely disabled child . They brought a wrongful birth case against Dr . Goodpasture , their ob-gyn , for failing to “ diagnose several structural abnormalities and defects in the fetus ’ brain .” The plaintiffs argued the statute banning wrongful birth cases was unconstitutional because it violated their rights to a jury trial under Section 5 of the Kansas Constitution Bill of Rights and their right to a legal remedy under Section 18 of the Kansas Constitution Bill of Rights .
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