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Kaiser Daily Women's Health Policy
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International News | French National Assembly Passes Amendment Barring People Born With Disabilities for Suing 'Solely for Being Born'
[Jan 10, 2002]

      The French National Assembly today passed an amendment which would prohibit people with mental or physical disabilities from suing physicians "solely on the grounds of being born," Reuters French News reports (Reuters French News, 1/10). The amendment is attached to a bill by lawmaker Jean-Francois Mattei (Benkimoun/Blanchard, Le Monde, 1/10). The new law states that only the parents of a person born with disabilities -- not the handicapped person himself or herself -- can sue a doctor for damages for failing to detect the handicap during pregnancy (Schofield, Agence France-Presse, 1/9). The amendment also states that the parents of a handicapped child can sue for damages only when "a medical professional or establishment is responsible for failing to detect a handicap during pregnancy." Although the child born with disabilities cannot sue for damages, the money awarded in a parental lawsuit is to be used for the care of the handicapped child. People born with disabilities can, however, sue if a doctor committed a medical error that "directly caused or aggravated the handicap." After today's Assembly vote, the bill will now be presented to the Senate on Jan. 22. The law was introduced to address the controversy over the Perruche case, in which a teen born with mental and physical disabilities successfully sued doctors for failing to detect rubella during his mother's pregnancy and thus depriving her of the option of abortion (Le Monde, 1/10).

For current women's health policy news, visit the National Partnership for Women & Families' website.


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