Comments on: Med-mal meets Culture War: ACLU sues bishops over abortion policy http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/?utm_source=rss&utm_medium=rss&utm_campaign=med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy Chronicling the high cost of our legal system Thu, 24 Apr 2014 22:52:03 +0000 hourly 1 http://wordpress.org/?v=3.8.1 By: Hugo S. Cunningham http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-255292 Mon, 16 Dec 2013 19:53:50 +0000 http://overlawyered.com/?p=42995#comment-255292 Dwight Brown is onto something.

The authorities should not try to silence anti-vaccine kooks. lest kooks use the precedent to shut down scientific scrutiny when they get the upper hand.

On the other hand, a parent whose unvaccinated child suffers death or serious injury should be able to sue an anti-vaccine kook for malpractice, if he can show that he relied on the kook’s opinion. Kooks could shield themselves from liability by making clear disclaimers on their web pages and in public appearances that they are not doctors and are not qualified to offer medical advice.

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By: Hugo S. Cunningham http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-255289 Mon, 16 Dec 2013 19:46:16 +0000 http://overlawyered.com/?p=42995#comment-255289 The ACLU may have been thinking of the butchery of Savita Halappanavar in Ireland.
http://en.wikipedia.org/wiki/Death_of_Savita_Halappanavar

But that can’t happen here? Think again.
The bishop of Phoenix excommunicated a doctor for saving a woman’s life
http://en.wikipedia.org/wiki/Excommunication_of_Margaret_McBride
It is a pity that the Arizona legislature did not seize the opportunity to resolve as individuals (not as a body enacting a questionable law) to “excommunicate” the bishop by inviting all decent people to shun events where he was present.

I equate the Church hierarchy’s willingness to let women die with another religious rite: human sacrifice. The belief may be sincere, but it does not merit Constitutional protection, *especially* when applied to victims without their informed consent.

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By: Bumper http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254735 Fri, 13 Dec 2013 01:41:06 +0000 http://overlawyered.com/?p=42995#comment-254735 If the events described are correct then the attending physician are guilty of malpractice. So why aren’t they being tried for same. Simple, the ACLU wants them to testify, “the devil made me do it.”

Hopefully they will still be dealt with by their state board.

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By: gasman http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254661 Thu, 12 Dec 2013 18:33:14 +0000 http://overlawyered.com/?p=42995#comment-254661 This must have the ACLU all torn in knots. Normally it would fight for an individual or organization’s right to make public statements of opinion on matters of their religious beliefs.
Even if there is a relationship between the bishops statements and clinical care at hospital, the reality is that the bishops do not own the hospital, or employ the physicians.
Is there even an ambulance chaser attempting to say the care was negligent through the more direct tort system between patient and physician?

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By: Dwight Brown http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254640 Thu, 12 Dec 2013 16:57:01 +0000 http://overlawyered.com/?p=42995#comment-254640 “Is it rude to point out that the law recognizes no tort of that sort?”

Is it rude to suggest that if “incitement to commit malpractice” becomes a recognized cause of action, that it be applied next to Jenny McCarthy and other opponents of vaccination?

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By: Mike http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254632 Thu, 12 Dec 2013 16:29:47 +0000 http://overlawyered.com/?p=42995#comment-254632 There is a movement afoot to either drive the Catholic Church out of the charity, health care, and social services field(s), or force it to abandon its religious principles. One such attempt is being made through Obamacare’s birth control mandate. This appears to be another. If the Church does abandon these activities, one big winner will be the SEIU.
I am disappointed, but not really surprised, to see the ACLU participating in this.

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By: marco73 http://overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254574 Thu, 12 Dec 2013 12:07:24 +0000 http://overlawyered.com/?p=42995#comment-254574 Well, it is the Christmas season, so of course let’s sue some Roman Catholics. No chocolate Jesus or dung covered Madonna, but a simple med-mal case is all they got?
What will they save for Good Friday?

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