SENATE BILL REPORT

SB 6648

BYSenators McCaslin, Stratton, Deccio, Pullen, Smith and Craswell

Changing provisions relating to causes of action for wrongful life and wrongful birth.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 4,1988

Senate Staff:Jeanne Cushman Scott (786-7461)

AS OF FEBRUARY 3, 1988

BACKGROUND:

Washington law allows parents of a child with birth defects to collect damages in a wrongful birth action if the health care provider failed to provide the patient with material information as to the risk of future children being born with defects and/or failed to exercise due care when performing medical procedures to prevent the conception or birth of children with defects.  A child with a birth defect may recover damages in a wrongful life action if the health care provider's failure to either inform the parents of the risk of birth defects or to perform procedures with due care to prevent conception or birth caused the wrongful birth.

SUMMARY:

Wrongful life and wrongful birth actions are prohibited.  The awarding of damages or imposition of penalties on the basis of wrongful life or wrongful birth is prohibited.

The defense of failure or refusal to perform or have an abortion is prohibited and may not be considered in awarding damages or imposing a penalty in any action.

This act does not preclude a cause of action for a claim based on failure of a contraceptive method or sterilization procedure where the contraceptive method or sterilization procedure is not abortion.  This act does not preclude a cause of action for negligent performance of tests or treatment for disease, defect, deficiency, or handicap where the treatment is not abortion.

Abortion shall not be considered a contraceptive method or a means of preventing, curing, or ameliorating any disease, deficiency, or handicap.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 1, 1988