Texas House Bill HB1367

Texas 2015 - 84th Regular

Caption

Relating to eliminating the wrongful birth and wrongful life causes of action.

Note

The changes proposed by HB 1367 are intended to take effect starting September 1, 2015, and they would apply only to claims arising from incidents occurring after this date, thereby not affecting any existing claims that have already accrued.

Impact

If enacted, HB 1367 would significantly change how legal claims related to childbirth are treated in Texas. It would preemptively shield physicians and healthcare providers from lawsuits pertaining to wrongful birth and wrongful life, effectively reducing the potential liability for medical professionals in obstetric practices. Additionally, the bill does still allow for claims related to intentional negligence or gross negligence that result in maternal injury or the birth of a disabled child, indicating that while it limits certain actions, it does not completely exempt providers from accountability under other circumstances.

Summary

House Bill 1367 seeks to eliminate the causes of action known as wrongful birth and wrongful life within the state of Texas. The bill posits that individuals cannot be held liable in civil court for wrongful birth claims, which allege that a child would not have been born but for someone's negligent act or omission. It aims to clarify and amend the Civil Practice and Remedies Code by specifically prohibiting these claims, thereby altering the legal landscape for parents seeking redress in cases where a child is born with disabilities or adverse medical conditions.

Contention

The bill has sparked debate among legislators and advocacy groups, particularly those representing the interests of families with disabled children. Proponents argue that eliminating these causes of action is necessary to prevent 'gaming' the legal system regarding birth outcomes and to protect medical practitioners from litigation that could deter them from providing necessary care. Conversely, opponents contend that the bill dismisses important legal recourse for families facing the realities of raising a child with serious health issues. They assert that it undermines the rights of parents and could prevent them from receiving compensation for their children's care when negligence is involved.