Comments on: Don’t Let ACOG Back Down http://thecurvature.com/2008/04/04/dont-let-acog-back-down/ Sat, 28 Apr 2012 20:40:33 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: lauredhel http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4158 lauredhel Mon, 07 Apr 2008 16:31:14 +0000 http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4158 "Wrongful birth" suits have been successful, but I've only ever seen it applied in situations where the fetus had a major congenital abnormality, or where there was negligence in contraceptive procedures. For example, a couple of years ago a German doctor was ordered to pay 18 years of child support after failing to insert a contraceptive implant. <a href="http://www.findlaw.com.au/articles/default.asp?task=read&id=10546&site=GN" rel="nofollow">Here is a US case</a> where the costs of raising a healthy child were awarded after a negligently performed sterilisation surgery. <a href="http://www.truthout.org/cgi-bin/artman/exec/view.cgi/58/18342" rel="nofollow">This article</a> outlines a US case, and says that around half of US states recognise "wrongful birth" as a category of medical negligence. It also outlines some of the history. Such cases always seem to be controversial. I can't find any cases after refusal to refer for termination of a normal pregnancy, but I can't see that it is necessarily impossible. “Wrongful birth” suits have been successful, but I’ve only ever seen it applied in situations where the fetus had a major congenital abnormality, or where there was negligence in contraceptive procedures.

For example, a couple of years ago a German doctor was ordered to pay 18 years of child support after failing to insert a contraceptive implant.

Here is a US case where the costs of raising a healthy child were awarded after a negligently performed sterilisation surgery.

This article outlines a US case, and says that around half of US states recognise “wrongful birth” as a category of medical negligence. It also outlines some of the history. Such cases always seem to be controversial.

I can’t find any cases after refusal to refer for termination of a normal pregnancy, but I can’t see that it is necessarily impossible.

]]> By: sara http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4135 sara Sat, 05 Apr 2008 21:01:29 +0000 http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4135 Although I agree that doctors should be ethically obligated to provide referrals, sometimes there are no referrals available. For example, I know that in "bible belt" places like Kansas and Nebraska there are virtually zero abortion providers in the whole state. I've spoken to docs in these areas about this issue. They dont want to provide abortions, but they have no problem with referral. The issue is that they dont know anybody to refer them to. So they just tell the women to find the nearest Planned Parenthood clinic (which can be several hours away) Although I agree that doctors should be ethically obligated to provide referrals, sometimes there are no referrals available.

For example, I know that in “bible belt” places like Kansas and Nebraska there are virtually zero abortion providers in the whole state. I’ve spoken to docs in these areas about this issue. They dont want to provide abortions, but they have no problem with referral. The issue is that they dont know anybody to refer them to. So they just tell the women to find the nearest Planned Parenthood clinic (which can be several hours away)

]]> By: sara http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4134 sara Sat, 05 Apr 2008 20:56:19 +0000 http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4134 "If a doctor refused to refer you for an abortion and you gave birth, could you sue the doctor for child maintenance?" Its been tried a few times overseas, but so far all of those cases have been thrown out of court. “If a doctor refused to refer you for an abortion and you gave birth, could you sue the doctor for child maintenance?”

Its been tried a few times overseas, but so far all of those cases have been thrown out of court.

]]> By: Cara http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4130 Cara Sat, 05 Apr 2008 18:44:32 +0000 http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4130 I somehow doubt it, but you know that would probably work as a solution. A really ridiculous, roundabout solution, but I bet it would fix the problem. I somehow doubt it, but you know that would probably work as a solution. A really ridiculous, roundabout solution, but I bet it would fix the problem.

]]> By: Feminist Avatar http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4129 Feminist Avatar Sat, 05 Apr 2008 18:29:08 +0000 http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4129 If a doctor refused to refer you for an abortion and you gave birth, could you sue the doctor for child maintenance? If a doctor refused to refer you for an abortion and you gave birth, could you sue the doctor for child maintenance?

]]> By: konstanze http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4122 konstanze Sat, 05 Apr 2008 01:39:52 +0000 http://thecurvature.com/2008/04/04/dont-let-acog-back-down/#comment-4122 This is really frightening. This is really frightening.

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