Tara Rule says her doctor in upstate New York was “determined to protect a hypothetical fetus" instead of helping her treat debilitating pain.
Tara Rule says her doctor in upstate New York was “determined to protect a hypothetical fetus" instead of helping her treat debilitating pain.
I suspect that such decisions are being driven by fear of tort liability WAY more than any religious or social beliefs of the medical practitioners. I’m not trying to argue in favor of denying women needed medical treatment in any way, shape, or form—it’s just that my lawyer senses are tingling, and I wonder if this is an area where Doctors are overall more likely to get sued if they offer the treatment than deny the treatment. Any MDs in here want to offer a more informed opinion of what the F is going on with such denial of care situations?
No, not in New York. These were personal decisions on the part of the health care providers, and I think k this lawsuit is not only appropriate but desperately needed.
The suit is exactly targeted. When fetal personhood is considered to outweigh the life of the mother, it’s absolutely something that needs to be fought tooth and nail. When a hypothetical future fetus is determined to be more important than the life and health of the mother, we’ve entered into a zone that can only be called psychotic.
There is no case that makes it more clear that they’re turning women into sub-persons.
Thanks.
This is the thing, and why this case seems shoe-in. None of the bullshit the recent SCOTUS has been saying about fetal rights can possibly hold if there isn’t a fetus in the first place.
And I hate that as a pro-choicer I’m the one on the side of “erode the decision”, but we need to slowly slip law back off this ledge. First a case where we know there wasn’t a fetus. Then a case that erodes the amount of pregnancy testing a patient needs before receiving lifesaving care for herself. Etc.
I still cannot believe we live in a post-Dobbs world.
Yes, this is very likely driven by fear of a malpractice lawsuit. Medications that can harm a fetus are supposed to be a last resort for those who can get pregnant. So if there are other potential medications for this woman, she will likely find it difficult to get a prescription for this one regardless of the doctor’s religious beliefs.
Couldnt the MD get a written confirmation from the patient that they informed them about the risks for a potential fetus?
That’s unlikely to make a difference in court. Doctors are responsible for recommending the least risky treatment options. They aren’t supposed to leave everything up to the patient.