SENATE BILL REPORT

SB 5125

BYSenators McCaslin, Pullen, Stratton, Owen, Craswell, Johnson, Smith and Metcalf

Limiting causes of action for wrongful life and wrongful birth.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 16, 1989; January 24, 1989

Majority Report:  That Substitute Senate Bill No. 5125 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Nelson, Newhouse, Rasmussen, Thorsness.

Minority Report:  Do not pass.

      Signed by Senators Niemi, Rinehart.

Senate Staff:Joyce Ansley (786-7418)

                  February 21, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 24, 1989

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.

EFFECT OF PROPOSED SUBSTITUTE:

Senate Bill 5125 is not intended to preclude medical malpractice actions.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: FOR:  Representative Mike Padden; Kenneth VanDerhoef, Human Life; Les Newton, M.D., Physicians for Moral Responsibility; Ned Dolese, WSCC;  AGAINST:  Sam Pemberton, WSTLA; Pat Thibaudeau, Washington Women United; Leslie Owen, NARAL; Lonnie Johns-Brown, Washington State NOW; Yvonne Spies, Planned Parenthood Affiliates of Washington