Wrongful Birth Bill passes in Arizona

[MysticCat]

Originally Posted by DaemonSeid

In essence, doctors could legally lie.

I'm not sure why you're saying this.

Here is the text of the bill. Arizona Senate Bill 1359.

The act says clearly: "THIS SECTION DOES NOT APPLY TO ANY CIVIL ACTION FOR DAMAGES FOR AN INTENTIONAL OR GROSSLY NEGLIGENT ACT OR OMISSION, INCLUDING AN ACT OR OMISSION THAT VIOLATES A CRIMINAL LAW." A lie is an intentional act, so the act wouldn't preclude an action based on that. It also wouldn't preclude a malpractice claim for gross negligence.

Not saying the law is good or bad policy, but it doesn't seem as broad to me as some of the headlines are trying to make it out to be.

[DSTRen13]

Not that it was particularly likely to happen in any case, but now I will definitely never move to Arizona. I don't care if I was offered the greatest job ever or what. Too scary.

[Kevin]

Originally Posted by MysticCat

I'm not sure why you're saying this.

Here is the text of the bill. Arizona Senate Bill 1359.

The act says clearly: "THIS SECTION DOES NOT APPLY TO ANY CIVIL ACTION FOR DAMAGES FOR AN INTENTIONAL OR GROSSLY NEGLIGENT ACT OR OMISSION, INCLUDING AN ACT OR OMISSION THAT VIOLATES A CRIMINAL LAW." A lie is an intentional act, so the act wouldn't preclude an action based on that. It also wouldn't preclude a malpractice claim for gross negligence.

Not saying the law is good or bad policy, but it doesn't seem as broad to me as some of the headlines are trying to make it out to be.

It kind of does leave the Plaintiff in a position of having to find a really damaging smoking gun though and it would appear that for the most part, "oops" would be a pretty good defense for a doc who missed something or chose to miss something.