A recent bill aiming to protect physicians from malpractice lawsuits for failing to disclose fetal disabilities is advancing in Texas, raising serious ethical concerns.
In the landmark 1973 Supreme Court case Roe v. Wade, the court affirmed a woman’s legal right to choose abortion under the 14th Amendment. This right was further solidified in 1992 with Planned Parenthood v. Casey, yet conservative lawmakers continue to devise legislation that undermines these established rights. The latest example is Texas SB 25, which recently passed the Texas Senate Committee on State Affairs and is now progressing to the full Senate.
At first glance, SB 25 may seem innocuous. It seeks to shield doctors from being sued for “wrongful birth” by former patients. The bill states, “A cause of action may not arise, and damages may not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.” However, this legislation has drawn scrutiny for a valid reason. Wrongful birth lawsuits are exceedingly rare. “In my 30 years of practicing medical malpractice law, I’ve never encountered one,” says attorney Lisa Grant from Austin. “None of my colleagues have either.”
The crux of the issue lies in the bill’s potential to enable doctors to withhold critical information from pregnant women. Critics express concern that this could lead to doctors deliberately omitting vital details about severe fetal disabilities, ultimately hindering a woman’s ability to make informed choices about her pregnancy.
“It’s unacceptable for Texas policy to protect doctors who lie to their patients,” asserts Sarah Jones, a policy advisor with Women’s Health Advocates, during her testimony before the committee. “That’s exactly what this bill facilitates.”
The responsibility of raising a child with significant disabilities is a monumental emotional and financial challenge. Women, particularly those from economically disadvantaged backgrounds, deserve the right to make informed decisions regarding the implications of carrying a child to term rather than being misled into believing that everything is healthy until birth. Ironically, many sponsors of SB 25 have also voted against expanding Medicaid coverage that would make healthcare more accessible to low-income families.
Moreover, withholding information about fetal health can prevent women from exploring treatment options during pregnancy that might benefit the fetus. For instance, Maria Thompson, a mother who was unaware of her child’s disabilities, testified that had she been informed, she would have considered experimental therapies to potentially save her pregnancy. Instead, her baby was stillborn. “Doctors should not have the authority to manipulate families with misinformation,” Thompson states.
It is crucial for physicians to prioritize their patients’ well-being and to provide honest, transparent care. It is alarming that Texas lawmakers believe it is acceptable for doctors to keep secrets about a woman’s own body. SB 25 represents yet another attempt by the Texas government to infringe upon a woman’s most intimate right: the autonomy to make decisions regarding her own reproductive health.
For more insights on reproductive health and home insemination, check out our post on the intracervical insemination process. Also, if you’re looking for ways to enhance fertility, Make a Mom provides valuable resources. For additional information on pregnancy and reproductive health, the CDC offers excellent guidance.
Summary:
Texas SB 25 is a controversial bill that could allow doctors to withhold crucial information about fetal disabilities from pregnant women, undermining their right to make informed decisions about their pregnancies. This legislation raises ethical concerns about medical transparency and the autonomy of women in their reproductive health.