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“Wrongful Birth” Claims Have Expressly Eugenic Implications


In response to my post below about the “wrongful birth” lawsuits, I got an e-mail from Mark William Leach pointing out these claims’ expressly eugenic implications:

Twelve people issued a multi-million-dollar verdict that probably will result in medical providers practicing defensive medicine in order to avoid wrongful birth lawsuits. Prenatal testing will be aggressively offered, repeatedly, with reminders of the window closing on the chance to have an abortion. By doing so, the medical providers will then have a defense should any patient end up actually giving birth to a child with Down syndrome and sue them in order to potentially receive millions of dollars. Indeed, this is part of the reason why patients are offered prenatal testing for Down syndrome in the first place.

He continued:

As the Michigan Court of Appeals stated in denying a wrongful birth claim, “if one accepts the premise that the birth of one ‘defective’ child should have been prevented, then it is but a short step to accepting the premise that the births of classes of ‘defective’ children should be similarly prevented, not just for the benefit of the parents but also for the benefit of the society as a whole. This is the operating principle of eugenics.”

You can read his complete article on the Witherspoon Institute’s website

Mark is an attorney from Kentucky (and a master-of-arts-in-bioethics candidate), and I thank him for his thoughts even though he’s from Louisville — the epicenter of basketball evil.

Go, Cats!


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