Currently in the state, families are able to sue doctors who fail to diagnose fetuses with disabilities. Parents, when diagnosis are not available, do not have the information available to determine whether or not they desire carrying the pregnancy to term.
According to opponents of the law, the bill would essentially give doctors the right to lie to parents if they believe the parents would choose to terminate the pregnancy rather than give birth to a child with life-altering disabilities. Proponents of the law says that it protects the disabled.
Even though parents have the right to sue doctors when they fail to diagnose diseases that could lead to disability while the infant is still in the womb, such cases are rare. The author of the bill acknowledges this, but believes the bill is still necessary in order to protect doctors.
Those who stand in favor of the bill say that there is no hidden agenda. It’s wording does not encourage doctors to lie, it merely protects them from parents who would did not have a healthy child. Those against the bill say that there would be nothing to stop doctors from misinforming parents based on personal and religious beliefs.
Despite objections to the bill, it was voted to be heard by the full Senate.
If you have had a child born with an injury in New York, you may be entitled to compensation for medical bills and more. Reach out to our team of experienced attorneys today for a free case evaluation and learn more about your options.