Arizona, what is WRONG with you?!

[Seifer]

Every time I hear about a new law passed in Arizona, I can't help but do a double-take. Back in March of this year, Arizona legislatures passed a law that protected doctors from "wrongful birth" lawsuits. What is a "wrongful birth?" It's when a doctor withholds information from a mother that may have given her incentive to abort, such as information pertaining to the child having disabilities.

Here's an excerpt concerning one of the supporters of the law:

Sen. Nancy Barto (R-Phoenix) told the Claims Journal that she sponsored the law because she did not want claimants to blame a doctor for a baby born with disabilities. Under the provisions of her bill, a doctor could not be sued for medical malpractice if the doctor withholds information from a mother about a child's potential health issues that could influence her decision to have an abortion. In addition, a lawsuit could not be filed on the child's behalf regarding a disability.

Basically, the doctor can lie to the mother about her child's health if he/she doesn't approve of abortion. Then, when the child is inevitably born with disabilities, the parents can't sue for money to pay for the enormous health bills they are now saddled with.

According to the linked article, Pennsylvania, North Dakota, South Dakota, Utah, Idaho, Indiana, Missouri, Minnesota and North Carolina have wrongful birth laws, too.

[HYHYBT]

Wouldn't it be more honest for doctors who object that strongly not to test for those conditions in the first place, and to make that known to their patients?

Of course, that would mean not being able to trick someone into having a baby, because it would give them the option to go elsewhere.

[Greenday]

Wouldn't it be more honest for doctors who object that strongly not to test for those conditions in the first place, and to make that known to their patients?

Of course, that would mean not being able to trick someone into having a baby, because it would give them the option to go elsewhere.

So much money to be lost by not doing testing.

It's such an absurd law.

[wraiths_crono]

....I love the laws that get passed without asking the citizens permission to do so... Then again, I realize that I am surrounded by idiots in this state that would actually have voted yes on this... Too bad I love the gun freedom I have here, or I would move elsewhere..

[mikoyan29]

There must be a contest between legislatures or something. Our legislature has been busy the past week. First they pass a right to work law. Then they repassed the Emergency Manager Law. They also passed some sort of abortion law and they expanded the areas where you can carry a concealed weapon (although I"m kind of mixed on that because they also beefed up some of the training requirements). Can't wait to see what next week holds.

[Panacea]

I was surprised to learn about these laws. I was unaware of them.

However, I'm not sure this law could withstand a legal challenge under Roe v Wade. If there is a right to access abortion, a law restricting information could be viewed as restricting access to abortion.

Also, the laws conflict with laws mandating informed consent. You can't have informed consent if you are not informed.

The law probably hasn't attracted a lot of attention before now for a couple of reasons: I think most doctors would view it as a violation of their medical ethics. Many doctors may not know about it, and believe their job is to give their patients the truth.

[Seifer]

I was surprised to learn about these laws. I was unaware of them.

However, I'm not sure this law could withstand a legal challenge under Roe v Wade. If there is a right to access abortion, a law restricting information could be viewed as restricting access to abortion.

Also, the laws conflict with laws mandating informed consent. You can't have informed consent if you are not informed.

The law probably hasn't attracted a lot of attention before now for a couple of reasons: I think most doctors would view it as a violation of their medical ethics. Many doctors may not know about it, and believe their job is to give their patients the truth.

Unfortunately, the laws have been appealed in other states and found to be constitutional. Though, the attempted appeal was back in 1994, so maybe if someone brought a lawsuit today the outcome would be different.

The Supreme Court refused to hear the case against the wrongful birth law back in 1994.

At least this is one area where my state isn't ass-backwards. A couple won a $4.5 million lawsuit against their doctor because he withheld information about their baby's deformities. When the baby was born with no legs and only one arm, they sued and won. (As they should have.)

[Aethian]

I think it would have destroyed Mom if she hadn't been allowed or known about my elder brother. Partial brain and organs in the outside of the body...back in 78 I don't think he would have made it and I think it would have been more then painful.

[Jester]

And yet again my wonderful and beautiful home state's idiot politicians make us the laughingstock of the nation.

I live in Florida, and I'm from Arizona. Two wonderful states, two beautiful states, two states filled with wonderful people....and two states run by a bunch of fucking idiots. Estupido!

[Seifer]

And yet again my wonderful and beautiful home state's idiot politicians make us the laughingstock of the nation.

I live in Florida, and I'm from Arizona. Two wonderful states, two beautiful states, two states filled with wonderful people....and two states run by a bunch of fucking idiots. Estupido!

At least Florida doesn't have these stupid wrongful birth laws. It's actually the state where that $4.5 million dollar lawsuit happened. The parents won against the doctor who withheld information.

[Jester]

Seifer, true enough on that one example, but Florida has more than its share of idiotic crap to be ashamed of, thank you very much.

[bara]

I have to rate this law as part of the 'War On Women'™ that republicans say they arent waging. I think the article stated that 9 other states had similar legislation. What the hell.

[Duelist925]

I have to rate this law as part of the 'War On Women'™ that republicans say they arent waging. I think the article stated that 9 other states had similar legislation. What the hell.

I'd have to agree. This law is...uhg. Allowing a doctor to lie to a woman, ensueing she has a birth that has a large chance of her simply not being able to take care of? And then stopping her from receiving the restitution necessary TO do so, to protect the doctor?

I love it when the Right denies that theres any sort of War on Women. -_- its funny seeing their brains backflip around trying to justify things.

[HYHYBT]

I'm all for protecting doctors from lawsuits; too many people will sue them over a bad *outcome* regardless of whether they've done anything wrong, and as with all lawsuits, defending is expensive even when innocent. Plus, nobody wants to go to a doctor who's been sued for malpractice (well, except maybe people wishing for the opportunity to file similar suits.)

But lying about information your patients need? Should fall firmly within the category of malpractice.