7 years ago
5
The Federal Government Must Stop Catholic Hospitals From Harming More Women
Hospitals violate the law when they refuse to provide emergency medical care or provide information about a patient’s condition. The federal government should systematically investigate Catholic hospitals and hold them accountable. No woman should rush to the hospital and fear for her life because of religious rules that force hospitals to turn patients away without providing the proper care.
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https://www.aclu.org
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Abortion ban linked to dangerous miscarriages at Catholic hospital, report claims
Five women suffered prolonged miscarriages, severe infections and emotional trauma at Mercy Health Partners when staff neglected patients’ health to uphold religious directives against inducing delivery, report reveals
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As far as we are today there is neither a Federal Law that states that hospitals must perform abortions regardless of Religion, Ethics, or Company Standards. The individual does have the right to sue the hospital or doctor directly if they feel they were discriminated against or they feel that they did not receive the correct treatment. There are many people who sue hospitals and doctors out there. Some win some lose. What the article wants is to get support for a federal law that would force any doctor, hospital, or medical center to perform abortions regardless of their religion or moral values. Which is one of the reasons we will most likely never see a Federal law for or against abortions. Ethics and morals (religious or not) are personal beliefs and are not dictated by government. The ACLU just lost a court battle over this issue in Michigan due to attack on Catholic Bishops and not the hospital or doctors themselves. They also could not produce evidence of wrong doing by the Bishops or mistreatment.
I was going to put a link to the case that the ACLU lost but I am finding that the write ups on them are either in a Pro - Life or Pro - Choice slant and I do not think that putting either slanted side here would help move the conversation along. I am also trying to keep my slant out of this. The only fact that should matter is that there is no federal law pertaining to abortions in hospitals.
Medical malpractice is established law in the US based on earlier law going back to Roman times. What the administrations of Catholic-run hospitals are trying to claim is that a medically necessary abortion should be treated as an exception to malpractice law for religious reasons.
Yes. But to enact a law on a federal level the federal government must define "Medical Necessity" as it pertains to abortion to give a clear cut law that can not be misused by hospitals, medical practitioners, or the client themselves. Until then it is up to the individual who believes that they have been denied necessary treatment or were in some way discriminated against by the Hospital or practitioner in a court of law to gain due compensation. The ACLU is pushing for a law on the federal level and is basically trying to get the government to enact a law which would then be set for the country as a whole and not at a state government level. Due to the swing of government from left to right it would be very hard to enact a law like that.
The circumstances here are pretty clear. Women are having miscarriages that are putting their health and lives at risk, and Catholic-run hospitals are refusing care on the grounds that saving the woman's life would require an abortion.
It was not clear to the courts though which is why the ACLU did not win the case. Now if they get enough evidence of wrongdoing then they can win. My main problem is being pro choice and a federal law demanding action either for or against abortion would take choice out of the equation. In Tennessee we have a law that states that the government at the state level can dictate laws on healthcare without a prior vote from the people. This means that the state government has taken away our right to make a decision for ourselves. Whether the state runs red or blue the people do not have a voice. This covers abortions, sex change operations, the flu, etc, etc,.... The people actually gave them the right to do so because "Abortion is Wrong!!!!" and "Abortion is against my Religion!! both statements were based more on feelings rather than understanding. So the government can now say ALL ABORTIONS ARE ILLEGAL! So I am very skeptical when the Government at any level starts dictating these types of issues.
If the ACLU does get enough evidence against the Catholic Institution and proves that there is wrong doing or negligence then they will win their case and perhaps there will be a new law to deal with. But the article itself seems to be pulling more on emotions than anything. I keep my belief that abortions should be a choice between the client and the doctor and not mandated or outlawed by the government at any level. That is my emotion poking through on this topic.