Split Kan. High Court OKs Bar On 'Wrongful Birth' Claims

Law360 (April 30, 2021, 8:52 PM EDT) -- The Kansas Supreme Court narrowly ruled Friday that a 2013 state law barring so-called wrongful birth claims is not a violation of the Kansas Constitution's right to a jury trial, saying such claims are a "new tort" rather than common law, and are therefore not covered by the state constitution.

In a 4-3 ruling, the state's highest court affirmed a trial court's judgment in favor of Dr. Katherine A. Goodpasture in a suit alleging the doctor failed to diagnose severe brain abnormalities in Alysia Tillman's unborn child, which purportedly deprived the mother of the right to make an informed decision on...

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