LRB-2585/2
RPN:mfd:lp
1997 - 1998 LEGISLATURE
September 29, 1997 - Introduced by Representatives Green, Schafer, Plale,
Wieckert, Ryba, Hoven, Freese, Kreibich, Handrick, Vrakas, Ourada,
Zukowski, Walker, Albers, Grothman, Ladwig, Ainsworth, Gunderson, Duff,
Otte, Kedzie, Goetsch, Ott, Sykora, Seratti, Urban, Huebsch, Powers
and
Nass, cosponsored by Senators Drzewiecki, Welch, Fitzgerald, Farrow, Zien
and Schultz. Referred to Committee on Judiciary.
AB538,1,2 1An Act to create 895.68 of the statutes; relating to: immunity in cases involving
2wrongful birth and wrongful life.
Analysis by the Legislative Reference Bureau
Under current law, if a child is born with a disability that a person (usually a
health care provider) could have informed the parents about while there was still
time for the child to be aborted, that person may be liable for the costs of caring for
that child and for the child's related medical expenses. The person could be liable
under current law if he or she negligently failed to inform the parents of the disability
or if he or she negligently incorrectly diagnosed the fetus's condition while an
abortion was an available option. If the parents of the child sue for costs resulting
from caring for that child, the action is called a wrongful birth action. If the child sues
for damages because of being born with a disability, the action is called a wrongful
life action. The Wisconsin supreme court has recognized the right to sue for wrongful
birth, but has not recognized the right to sue for wrongful life.
This bill creates an immunity from a wrongful birth or wrongful life action for
a person who commits an act or fails to commit an act and that act or omission results
in the birth of a child because a woman did not undergo an abortion that she would
have undergone had the person not committed the act or not failed to commit the act.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB538, s. 1
1Section 1. 895.68 of the statutes is created to read:
AB538,2,3 2895.68 Liability exemption; wrongful birth and wrongful life. (1) In
3this section, "abortion" has the meaning given in s. 253.10 (2) (a).
AB538,2,6 4(2) A person is immune from liability for his or her act or omission that resulted
5in the birth of a child because a woman did not undergo an abortion that she would
6have undergone had the person not committed the act or not failed to commit the act.
AB538, s. 2 7Section 2. Initial applicability.
AB538,2,98 (1) This act first applies to acts or omissions occurring on the effective date of
9this subsection.
AB538,2,1010 (End)
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