Ohio Supreme Court Rules on "Wrongful Birth" Suit

A split state supreme court has ruled that parents of children born with birth defects who claim they would have opted for abortion had they known the condition existed can recover very narrowly defined damages in lawsuits claiming negligent medical testing, or only those costs relative to the pregnancy and birth. The court said parents could not recover the economic costs of raising a disabled child nor could non-economic damages be awarded. Justice O'Connor authored the lead opinion with four of the seven justices writing concurring or dissenting opinions in addition to that of the majority. The decision is not affected by the actions in the Ohio General Assembly on this subject as described below.

• Final action is awaited in the House on HB 287, a measure that would prohibit "wrongful birth" and "wrongful life" civil suits from being brought in the state of Ohio. The legislation passed the Senate with the lawsuit ban included as an amendment to a bill regarding Amish birthing centers last week. More on this pending legislation will be addressed in the upcoming legislative report of the Cleveland Physician as well as updates in this weekly news email.