Announcement

Collapse
No announcement yet.

Oklahoma doctors can lie about birth defects if an abortion might occur

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Oklahoma doctors can lie about birth defects if an abortion might occur

    Direct link to the text of the law: http://webserver1.lsb.state.ok.us/20...HB2656_int.rtf

    Relevant text:
    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.
    CNN article: http://www.cnn.com/2010/OPINION/04/2...ex.html?hpt=T2

    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.
    Yup, a doctor can tell a pregnant woman that her fetus is fine if there is concern she would have an abortion in Oklahoma. Note that the governor vetoed the bill and was overridden, so he should get credit for his dissent.
    |TG-6th|Snooggums

    Just because everyone does something does not mean that it is right to do.

  • #2
    Re: Oklahoma doctors can lie about birth defects if an abortion might occur

    Well, I'm a bit shocked by this law. First of all, I don't like abortion at all, it's a disgusting practice im my opinion. But, it's not my choice or that of the government - whether state or Federal - to legislate a decision that should be in the hands of a woman and her partner.

    This law could certainly leave the door open for activist doctors to apply their moral opinion whenever they please in regards to their patients. And, it appears to leave them blameless for not informing their patients of fetal irregularities that every pregnant woman should be entitled to know. I'm still kind of shocked that this passed, what were they thinking?
    |TG-X| mp40x



    Register for the Forums! | Get on Teamspeak! | Play Squad! | Join Discord! | Support Tactical Gamer!

    Comment


    • #3
      Re: Oklahoma doctors can lie about birth defects if an abortion might occur

      The law was proposed because it's a shaming tool. Similarly, the law proposed would REQUIRE a doctor to perform an invasive intravaginal wand ultrasound before having an abortion, and require consultation for it beforehand.

      Yes, a law REQUIRING an expensive medical procedure to be done. There was also a large questionnaire that needed to be filled out by the patient, that divulged racial and social information (level of education, how many times you have been pregnant, your religion, etc) and the results posted online.

      The law, as proposed, was more in the lines of preventing abortion by making it an intrusive, embarrasing, shameful action, rather than continuing to have the baby. By making the patient uncomfortable and have to put up with a bunch of BS, they could possibly prevent her from having an abortion.

      <04:11:24> *** You are now talking in channel: "TFP - Task Force Proteus"
      <04:16:25> "|TG-XV| Tralic": this channel is so gay
      DICE needs to make a comical boxing glove attached to a spring punch the player in the face 40% of the time they get into a helicopter or jet.

      Comment


      • #4
        Re: Oklahoma doctors can lie about birth defects if an abortion might occur

        We okies don't take kindly to all you stinking commie liberals questioning what God wants. A woman's vagina is the property of the state and making babies is what it is for. If it ain't making babies or pleasing a man it ain't doin' it's job.

        But yea, the law stinks. It wouldn't be so bad if the state required people to informed about all their decisions, like voting for republicans. But it seems to be only worried about ensuring women are informed about this particular thing.
        I’m not racists, I have republican friends. Radio show host.
        - "The essence of tyranny is the denial of complexity". -Jacob Burkhardt
        - "A foolish consistency is the hobgoblin of little minds" - Emerson
        - "People should not be afraid of it's government, government should be afraid of it's People." - Line from V for Vendetta
        - If software were as unreliable as economic theory, there wouldn't be a plane made of anything other than paper that could get off the ground. Jim Fawcette
        - "Let me now state what seems to me the decisive objection to any conservatism which deserves to be called such. It is that by its very nature it cannot offer an alternative to the direction in which we are moving." -Friedrich Hayek
        - "Don't waist your time on me your already the voice inside my head." Blink 182 to my wife

        Comment


        • #5
          Re: Oklahoma doctors can lie about birth defects if an abortion might occur

          What's it cost to take a bus to a neighboring state? I'd suggest that all pregnant women head out of state for their tests and deny OK OB's the chance to lie to them.
          Dude, seriously, WHAT handkerchief?

          snooggums' density principal: "The more dense a population, the more dense a population."

          Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

          Comment


          • #6
            Re: Oklahoma doctors can lie about birth defects if an abortion might occur

            Originally posted by ScratchMonkey View Post
            What's it cost to take a bus to a neighboring state? I'd suggest that all pregnant women head out of state for their tests and deny OK OB's the chance to lie to them.
            Some states even have laws against that, not sure if OK is one of them.
            |TG-6th|Snooggums

            Just because everyone does something does not mean that it is right to do.

            Comment


            • #7
              Re: Oklahoma doctors can lie about birth defects if an abortion might occur

              Originally posted by Bisclaveret View Post
              Yes, a law REQUIRING an expensive medical procedure to be done. There was also a large questionnaire that needed to be filled out by the patient, that divulged racial and social information (level of education, how many times you have been pregnant, your religion, etc) and the results posted online.
              This is just sick. Please tell me that part of the bill got thrown out. That has to violate so many patient rights laws and regulations.

              This whole bill is sick. I'd sue the doctor withholding information for a very large sum to cover the extra costs and emotional shock of raising a disabled child.


              TG-18th 18th SF Operational Detachment Delta

              If you're playing the game, be in the correct TeamSpeak Channel.

              Comment


              • #8
                Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                Originally posted by Spyder228 View Post
                This is just sick. Please tell me that part of the bill got thrown out. That has to violate so many patient rights laws and regulations.

                This whole bill is sick. I'd sue the doctor withholding information for a very large sum to cover the extra costs and emotional shock of raising a disabled child.
                Different bill, has been in effect for a year or more.
                |TG-6th|Snooggums

                Just because everyone does something does not mean that it is right to do.

                Comment


                • #9
                  Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                  How does posting abortion recipients information online NOT constitute a HIPPA violation?

                  I am actually offended by all of this. Oklahoma, you've just replaced Alabama as my most hated state.


                  TG-18th 18th SF Operational Detachment Delta

                  If you're playing the game, be in the correct TeamSpeak Channel.

                  Comment


                  • #10
                    Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                    Spyder, what do you have against Alabama? Seriously, I'd like to know because I live here.

                    First of all, with Obama care the cost of any procedure will be a mute point, because by the end of the next decade we will be in a single payer system with 6 month wait lists for diagnostic treatment. There is no way anyone is going to get away with posting any PHI (personal health information) in any shape or form for the public to view. I also find it hard to believe that any health care provider would withhold that type of information from the family. An amniocentesis is not 100%, can you imagine how many law suits there would be for false negatives. I think we would all agree this law is asinine.

                    Comment


                    • #11
                      Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                      Originally posted by snooggums View Post
                      Different bill, has been in effect for a year or more.
                      Yeah, my mistake. The questionaire was in a different bill, the wanding was in this one. There's just been a ****-ton of them flying around.

                      <04:11:24> *** You are now talking in channel: "TFP - Task Force Proteus"
                      <04:16:25> "|TG-XV| Tralic": this channel is so gay
                      DICE needs to make a comical boxing glove attached to a spring punch the player in the face 40% of the time they get into a helicopter or jet.

                      Comment


                      • #12
                        Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                        Originally posted by seg[TDev] View Post
                        Spyder, what do you have against Alabama? Seriously, I'd like to know because I live here.
                        Nothing really. I used to work in Customer Technical Support and there was 4-5 VERY non technical repeat callers from the state. By repeat I mean calling four times a day to ask the literally the same question.

                        Anyways what can be done to get this horrible bill repealed?


                        TG-18th 18th SF Operational Detachment Delta

                        If you're playing the game, be in the correct TeamSpeak Channel.

                        Comment


                        • #13
                          Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                          LOL. I don't think there is anything we can do since it's a state law. It's similar to the Arizona law that just passed. The great thing about our country is the ability of our states to address their own problems the way they seem fit. Things like racial profiling and lying to patients about their health sounds like a lot of pot stirring to me. I think our legislatures have certain intentions (good or bad) when they pass bills into laws, whether or not they are constitutionally sound is why we have the courts. If the intent of the Oklahoma law was to embarrass pregnant women wanting abortions then there is no doubt the Supreme Court would rule it unconstitutional. I just don't think that is the intent of the law. These kinds of things tend to work themselves out.

                          Comment


                          • #14
                            Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                            To be fair, the law doesn't say your doctor can/should lie to you -- it just says that you can't sue him (or anyone else) for not helping you get an abortion. This may seem like a distinction without a difference, but it means there can be other factors (besides the threat of a lawsuit) to prevent your doctor from lying. Not being either a doctor or a lawyer myself, I'm not entirely sure what those other factors might be -- professional medical standards or something -- but any factors except a direct lawsuit are unchanged.

                            Further, you could even still sue him for lying under other justifications, if it prevented you from properly preparing for the care of your disabled kid or something, or general abandonment of medical duty. You just can't sue on the grounds that you really needed that abortion.

                            Comment


                            • #15
                              Re: Oklahoma doctors can lie about birth defects if an abortion might occur

                              I just reread the quote and this is what I took away from it:

                              Basically your doctor tells you that your baby is perfectly healthy (knowing full well that the kid will have some sort of birth defect be it down syndrome, or some physical ailment) so you carry the child to term. After birth you find out that the doctor knew that your baby was going to have these problems and because he thought you would terminate the pregnancy he kept it from you. Now you're stuck because you can't sue the doctor (written into the law) for the massive financial drain you now face raising a child with a developmental disorder, or the horrible emotional agony you're put through when your baby dies days or weeks later because of some physical ailment.


                              TG-18th 18th SF Operational Detachment Delta

                              If you're playing the game, be in the correct TeamSpeak Channel.

                              Comment

                              Connect

                              Collapse

                              TeamSpeak 3 Server

                              Collapse

                              Advertisement

                              Collapse

                              Twitter Feed

                              Collapse

                              Working...
                              X