Anti-abortion doctors could legally lie in Arizona

[nearing]

http://rt.com/usa/news/lawsuit-arizo...-abortion-149/

The Arizona Senate has okayed legislation that will let doctors lie about an unborn child’s health and escape any related “wrongful birth” suits, which has some saying the state is trying to trick expecting parents from opting for abortion.

Arizona senators have called for a law that will, if passed, eliminate malpractice suits that are brought on by families that believe doctors willingly withheld information about their unborn children. In instances across the state, some families have sued physicians after giving birth to children with disabilities and handicaps that they believe doctors were aware of before delivery. Some state residents have waged lawsuits based on allegations that physicians were not clear with crucial information which, had the parents been privy to, could have led them to consider abortion.

If the new law is passed, doctors would not be liable in these cases for failing to make clear any and all risks the unborn child faces. Specifically, Arizona Senate Bill 1359 relieves a defendant of liability for damages in a suit “based on a claim that, but for an act or omission of the defendant, a child or children would not or should not have been born.”

State Senator Nancy Barto, a Republican Party member and sponsor of the bill, says she was shocked to find that lawsuits were being lobbed by parents believed their doctors purposely didn’t disclose enough information about the risk of birth defects and disabilities. "When I first heard of this issue, I couldn't believe that these lawsuits are actually happening," Barto tells KTAR News. "That some couples, after they give birth to their child that has a disability, would claim that the child should not have been born, and would sue to get damages."

Parents have filed both “wrongful birth” and “wrongful life” medical malpractice lawsuits over allegations that physicians were not clear or did not properly inform expectant couples that the children in question, while still in the womb, risked complications after birth. Parents have in the past pursued legal action for doctors they allege did not disclose information that could have caused them to abort the child, but if the Arizona bill passes, doctors who lie to parents over the health of a fetus would be free from these suits.

"The lawsuits that are being brought imply that the physician[n] is somehow at fault if the child is born with a disability," adds Senator Barto. If the bill passes, doctors would not be liable for complications after birth for failing to fully divulge on any and all information about the health of a fetus. Barto adds, however, that doctors that “intentionally or knowingly” withhold information could still be brought to court for wrongdoings.

If Senate Bill 1359 passes, doctors would also be spared from “wrongful life” suits, where undesired pregnancies are triggered following a vasectomy or other sterilization surgery that is assumed to render the patient unable to procreate. The Clinical Advisor reports that current Arizona law allows plaintiffs in these cases to sue for the costs of raising an unplanned child. Under similar verbiage, the bill reads physicians that could now be considered defendants will not be held liable “for wrongful life based on a claim that, but for an act or omission…the person bringing the action would not or should not have been born.”

Senate Bill 1359 now awaits a House vote before it moves further along in Arizona’s Congress.

[Paranormal]

I personally don't have a problem with this. However, it will soon get much broader - you won't be able to sue a doctor for much in the future.

[nearing]

Posted by Paranormal (here)
I personally don't have a problem with this. However, it will soon get much broader - you won't be able to sue a doctor for much in the future.

You have no problem with a doctor knowingly lying to their patients? Really?

[Arrowwind]

The solution is to leave the deformed babe on the lying doc's doorstep.
All those people who protest abortion should adopt a few, at least 2, deformed and mentally deficinet kids that need multiple surgeries and a lifetime of care

all in jest really.
but ALL those who complain should offer the solution financially and in time committment. Until that day they should keep their mouths shut.


Kinda reminds me of those dam environmentalists who what to change the world for the better but wont give up their 5,000 sq foot house and SUVs... then they expect someone else to pay for the solar panels.

[risveglio]

removed - don't want to get into this one but we need to curb the lawsuits against doctor's. So many are so careful because they can get sued for unintentional mistakes too easily.

[nearing]

Posted by risveglio (here)
removed - don't want to get into this one but we need to curb the lawsuits against doctor's. So many are so careful because they can get sued for unintentional mistakes too easily.

This has to do with doctors deliberately lying to patients about the health or lack thereof of their fetuses and the patients having no recourse. It isn't to curb lawsuits. It's to advance the anti-abortion agenda.

and it has nothing to do with public money.

[risveglio]

Posted by nearing (here)

Posted by risveglio (here)
removed - don't want to get into this one but we need to curb the lawsuits against doctor's. So many are so careful because they can get sued for unintentional mistakes too easily.

This has to do with doctors deliberately lying to patients about the health or lack thereof of their fetuses and the patients having no recourse. It isn't to curb lawsuits. It's to advance the anti-abortion agenda.

and it has nothing to do with public money.

Well I am not a big abortion fan. I am pretty sure in a 100 years we will look at abortion as a great evil the same as slavery, but guess that is not the point. Just keep public money away from it and I am fine, there are far more important issues.

[nearing]

Posted by risveglio (here)

Posted by nearing (here)

Posted by risveglio (here)
removed - don't want to get into this one but we need to curb the lawsuits against doctor's. So many are so careful because they can get sued for unintentional mistakes too easily.

This has to do with doctors deliberately lying to patients about the health or lack thereof of their fetuses and the patients having no recourse. It isn't to curb lawsuits. It's to advance the anti-abortion agenda.

and it has nothing to do with public money.

Well I am not a big abortion fan. I am pretty sure in a 100 years we will look at abortion as a great evil the same as slavery, but guess that is not the point. Just keep public money away from it and I am fine, there are far more important issues.

I think it's save to say that no one is a fan of abortion. It is a necessary option for most women but I have never heard one say they were happy to go through it.

[Solstyse]

My daughter has Codial regression syndrome ( look it up or PM me for more information ) In Nazi Germany she would of been killed at birth. Aborting babies who have birth defects is little more than what they did.
My daughter is amazingly smart despite her physical disabilities.

Someone else in this thread said exactly what I was going too.
In 100 years we will look at abortion the same way we do slavery now. (thank you risveglio)
I think your hundred years is an underestimate but your sentiment is right on.

Doctors should never lie to their patients, but we brought it on ourselves by stupid lawsuits against legitimately good doctors who are in the end only human.

[nearing]

All 'birth defects' are not the same. There are many many different types, all of varying degrees of disabiliing. Many can be remedied after birth and some don't affect development at all. Many are seveststing abd even will kill the infant after a suffering for a time after birth. This is well known by the docs. The patients have a right to know this too.

[risveglio]

Posted by nearing (here)

Posted by risveglio (here)

Posted by nearing (here)

Posted by risveglio (here)
removed - don't want to get into this one but we need to curb the lawsuits against doctor's. So many are so careful because they can get sued for unintentional mistakes too easily.

This has to do with doctors deliberately lying to patients about the health or lack thereof of their fetuses and the patients having no recourse. It isn't to curb lawsuits. It's to advance the anti-abortion agenda.

and it has nothing to do with public money.

Well I am not a big abortion fan. I am pretty sure in a 100 years we will look at abortion as a great evil the same as slavery, but guess that is not the point. Just keep public money away from it and I am fine, there are far more important issues.

I think it's save to say that no one is a fan of abortion. It is a necessary option for most women but I have never heard one say they were happy to go through it.

I do not know about that nearing. In high school I knew 3 girls that had abortions and two of them would even agree that "Condoms sucked and if I get pregnant, I will just have an abortion."

[kcbc2010]

I don't necessarily buy that premise of doctors being able to legally lie because a lot of OB/GYNs go way above and beyond because they know that if they screw up on something they will get sued. In fact, the cost of malpractice for OB's is really high because of the risks they take to ensure the mom's and baby's safety. That's one of the major reasons why doctors choose other specialties and don't become an OB. The cost of maintaining a practice and malpractice insurance is way too expensive.

That said, if your doctor is a bad communicator, then you are free to choose another one. There's nothing that says you have to stick with the same OB throughout your pregnancy if you feel you aren't getting the information you need to make a good decision. Under the bill, doctors that “intentionally or knowingly” withhold information could still be brought to court for wrongdoings. Also, if you don't feel like you are getting adequate information, WebMD and other medical information sites can answer questions as well. We aren't living in the dark ages.

My experience w/my OB is definitely CYA. (Cover your ass). Even my husband noticed that when I had a cancer scare and we went in and had a meeting about test results. Even if something is a remote possibility, she'll disclose it because she doesn't want to be in the position of having to be sued for never disclosing the most minimal of outcomes. It's been my experience that most doctors are the same way. Most doctors do the best they can, but like you and I, they are human.

[Paranormal]

Posted by nearing (here)

Posted by Paranormal (here)
I personally don't have a problem with this. However, it will soon get much broader - you won't be able to sue a doctor for much in the future.

You have no problem with a doctor knowingly lying to their patients? Really?

Hello - there's so many people lying to us already e.g. There's been no lawful money in the USA since 1933, all the lies about Terrorism, "Weapons of mass destruction" in Iraq... I think this is a protection for doctors who will soon be sued out of the USA if we don't protect them.

[nearing]

Posted by Paranormal (here)

Posted by nearing (here)

Posted by Paranormal (here)
I personally don't have a problem with this. However, it will soon get much broader - you won't be able to sue a doctor for much in the future.

You have no problem with a doctor knowingly lying to their patients? Really?

Hello - there's so many people lying to us already e.g. There's been no lawful money in the USA since 1933, all the lies about Terrorism, "Weapons of mass destruction" in Iraq... I think this is a protection for doctors who will soon be sued out of the USA if we don't protect them.

No they won't, they aren't going anywhere and plenty more are coming up behind them as well as mid-level providers. And just because it happens all over the place doesn't make it right.

[Paranormal]

I think I'll leave it there and "Agree to disagree" - the concept of "what's right" is something different people may not agree on. Once the new Health Care Leglisation comes into effect we will soon see it's fruits.

[jackovesk]

Planned Parenthood's Gloria Steinem wearing her T-Shirt so proudly, showing 'Illuminati Symbol' of sacrifice..!

[DNA]

Posted by nearing (here)

Posted by Paranormal (here)
I personally don't have a problem with this. However, it will soon get much broader - you won't be able to sue a doctor for much in the future.

You have no problem with a doctor knowingly lying to their patients? Really?

I don't read it like that. And if doctors fear being sued if a kid is born with a problem they didn't catch they will start testing mom and baby to death. An amneostesis every visit? Screw that