'Oklahoma, what have you done?'

[lexiconic]

New York (CNN) -- As a reproductive rights advocate and a proud mother of two, my blood ran cold as I read about Oklahoma's new abortion legislation (HB 2656). The state of Oklahoma just decided, and by an appallingly high margin I might add, that a doctor is protected from being sued if he or she chooses not to tell a woman that the baby she is carrying has a birth defect.

State legislators made this decision Tuesday, voting 36-12 in the Senate and 84-12 in the House to override Gov. Brad Henry's veto of this law. (The Legislature also overrode the governor's veto of a second egregious law, HB 2780, which forces women to view an ultrasound before having an abortion.)

Oklahoma, what have you done?

Under this new law, a doctor may withhold information, mislead or even blatantly lie to a pregnant woman and her partner about the health of their baby if the doctor so much as thinks that fetal test results would cause a woman to consider abortion.

As expected, the anti-abortion movement is claiming victory. But this bill isn't "anti-abortion." It is devastating because it is anti-motherhood and anti-medicine.

Full article

[GONAVY]

So Oklahoma legislates bad health care? Over-rules Hippocratic Oath? Lie to patients? Sounds fishy.  Need to explore more.

[Aimeey7]

sounds like they're legalizing medical malpractice to me.

[redcap]

Somehow, I see a definite OPINION in this article.

I truly find it difficult to believe that a law states that it okay for a doctor to deliberately deceive a patient.

If one did so I think he/she would soon learn how to spell lawsuit.

[lexiconic]

It is an opinion piece, Red. That doesn't necessarily make it invalid.

The relevant text of the bill:

2.  “Wrongful life action” means a cause of action that is  brought by or on behalf of a child, which seeks economic or noneconomic damages for the child because of a condition of the child that existed at the time of the child’s birth, and which is based on a claim that a person’s act or omission contributed to the mother’s not having obtained an abortion; and

3.  “Wrongful birth action” means a cause of action that is brought by a parent or other person who is legally required to provide for the support of a child, which seeks economic or noneconomic damages because of a condition of the child that existed at the time of the child’s birth, and which is based on a claim that a person’s act or omission contributed to the mother’s not having obtained an abortion.

C.  In a wrongful life action or a wrongful birth action, no damages may be recovered for any condition that existed at the time of a child’s birth if the claim is that the defendant’s act or omission contributed to the mother’s not having obtained an abortion.

D.  This section shall not preclude causes of action based on claims that, but for a wrongful act or omission, maternal death or injury would not have occurred, or handicap, disease, or disability of an individual prior to birth would have been prevented, cured, or ameliorated in a manner that preserved the health and life of the affected individual.


In regards to the measure, Gov. Brad Henry said, “It is unconscionable to grant a physician legal protection to mislead or misinform pregnant women in an effort to impose his or her personal beliefs on a patient.”

[redcap]

So, are you saying that one should abort if there is a possibility that the child may have a defect and that failure to disclose that there is such a possibility is reason for the parents to sue for damages?

[Aimeey7]

I dunno about that, but I'm sayin' a doctor has an obligation to fully inform their patients as to their medical conditions-- 100%, which would include a fetus.

I'm generally opposed to abortion. but there are indeed SOME conditions known in the womb where'd I'd even say abortion is sadly a better choice than life. Like spinal benifida (sp?)

Leaving abortion aside, it would be unconscionable for the parents to be surprised by a serious defect at birth when a doctor knew about it beforehand.

[redcap]

I agree. Our daughter had a problem that was at first thought to be missing arms and/or legs. Did we consider abortion? Not for a second. Would we have aborted had we known for sure? I doubt it.

[Aimeey7]

There is a condition where a fetus doesn't actually have a head-- just a brain stem, that does just enough to take care of the autonomic functions, i.e., breathing, etc.----- these are often born--- and have no life other than vegetative existence.
What would you do then?
 

[redcap]

Given that condition as a know fact, I would probably have advised my wife to abort. But, since we are here talking hypothetically it is impossible to know for sure what we would have done.

[Wiener]

Lexi, do you believe in the right to pursue Life, Liberty and happiness?


"Wrongful life action"- would this alone not go against that very belief?

“Wrongful birth action” -  This basically means well that child will be to much of a burden for me to bear and will cause my personal living standard to fall, so basically we are out to protect people that want better for themselves at the cost of another Human life  in the real world in any other use of this language we would all consider that murder, plain and simple.

[Daffy Duck]

I had a good friend that had an abortion. The doctor told her, as she was having serious health problems because of the pregnancy, that it was either abort or die and the child would die with her.

I'm gonna bring politics in: I am amazed by hte masses who say, "I want government to stay out of our lives, BUT I want a government law that bans abortion, bans same sex marriage, bans this, and bans that." So government intervention is ok only when it's something that they want, I guess.

[GONAVY]

I had a good friend that had an abortion. The doctor told her, as she was having serious health problems because of the pregnancy, that it was either abort or die and the child would die with her.

I'm gonna bring politics in: I am amazed by hte masses who say, "I want government to stay out of our lives, BUT I want a government law that bans abortion, bans same sex marriage, bans this, and bans that." So government intervention is ok only when it's something that they want, I guess.

HUH?  I thought the abortion rights activists want Government out of their lives, but want Government to pay for the abortion? Anti-Death penalty activists do not want to kill, but most(IMO)agree with abortion?
I believe Abortion in most cases is protected by the law. 
"Ban same sex marriage"?  Just exactly what is that? What is the definition of marriage?
Government plays a role in our lives, as they should.  Shouldn't the people decide just how far that role is defined?

Back to the thread, I find it hard to believe that any MD/NP/PA/Nurse would adhere to legislation that promotes lying/malpractice.

[Aimeey7]

I had a good friend that had an abortion. The doctor told her, as she was having serious health problems because of the pregnancy, that it was either abort or die and the child would die with her.

I'm gonna bring politics in: I am amazed by hte masses who say, "I want government to stay out of our lives, BUT I want a government law that bans abortion, bans same sex marriage, bans this, and bans that." So government intervention is ok only when it's something that they want, I guess.

Well, the issue with abortion is-- that some people honestly believe that a human life begins at conception, and, thus, for people that believe that, banning abortion is the same as banning murder. And, its not necessarily based on religious beliefs either, I think a credible scientific argument exists for life begins at conception.  Not saying which side I'm on, but that is the issue. Not quite on par with gay marriage, imho, or the other types of "bans" you are probably thinking about.

[Daffy Duck]

Uh, just to clarify--in my earlier post, I did not mean that I personally want bans on things... I was commenting as if I was one of the masses who want the government to ban things they don't like and who want it to stay out of the things they do like.