Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

January-25-13

Catholic Hospital Claims Fetuses Aren't People in Malpractice Defense

A Colorado Catholic hospital defended itself against a wrongful death suit by claiming that the hospital failed to perform an emergency c-section to save the lives of twin fetuses in court by arguing that fetuses are not people.

In 2006, Lori Stodghill was seven months pregnant with twins when she arrived at St. Thomas More Hospital in Canon City, Colorado, with what was later determined to be a heart attack. Emergency Room staff were unable to resuscitate Lori, and the obstetrician on call, who was also her primary obstetrician, did not answer their pages. The twin fetuses died in the womb. Jeremy Stoghill, Lori's husband, filed a wrongful death suit arguing the while a c-section might not have saved Lori, it could have saved the twin fetuses.

Catholic Health Initiatives, which manages the St. Thomas More Hospital, filed a brief that "Under Colorado law, a fetus is not a 'person' and plaintiff's claims for wrongful death must therefore be dismissed." The defense attorney for Catholic Health Initiatives Jason Langely, wrote in the brief that the court "should not overturn the long-standing rule in Colorado that the term 'person,' as is used in the Wrongful Death Act, encompasses only individuals born alive. Colorado state courts define 'person' under the Act to include only those born alive. Therefore Plaintiffs cannot maintain wrongful death claims based on two unborn fetuses."

The Catholic Church is currently investigating whether the brief filed on behalf of Catholic Health Initiatives violates Catholic Doctrine. The Catholic Bishops of Colorado released a statement saying "Catholics and Catholic institutions have the duty to protect and foster human life, and to witness to the dignity of the human person - particularly to the dignity of the unborn. No Catholic institution may legitimately work to undermine fundamental human dignity. ... The Catholic bishops of Colorado are not able to comment on ongoing legal disputes. However, we will undertake a full review of this litigation, and of the policies and practices of Catholic Health Initiatives to ensure fidelity and faithful witness to the teachings of the Catholic Church."

Media Resources: Huffington Post 1/25/2013; USA Today 1/24/2013; Raw Story 1/24/2013; Colorado Independent 1/23/2013


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

1/23/2015 #HeForShe Campaign Launches Pilot Effort Aimed at Institutional Equality - The United Nations' gender equality campaign #HeForShe has launched a new program called IMPACT 10X10X10. United Nations Goodwill Ambassador Emma Watson, together with UN Women Executive DirectorPhumzile Mlambo-Ngcuka, introduced the one-year pilot effort aimed at encouraging corporations, universities, and governments to play an active role in enhancing women's empowerment and equality in Davos, Switzerland today at the World Economic Forum. "Women need to be equal participants in our homes, societies, in our governments, and in our workplaces," Watson said. First introduced in September, HeForShe is a solidarity movement that calls on men and boys to confront gender inequalities that face women and girls globally. . . .
 
1/22/2015 BREAKING: House to Vote on Abortion Coverage Ban - After they were forced to scrap plans for a 20-week abortion ban, House Republican leaders decided late last night to instead ram through a vote today on a different extreme anti-abortion bill. House Republicans are now pushing HR 7, a bill promoted as a ban on federal funding of abortion that would actually prevent women from using their own money to purchase health insurance that includes abortion care. . . .
 
1/22/2015 House Cancels Abortion Ban After GOP Congresswomen Drop Support - House Republicans cancelled plans to vote on a 20-week ban on abortion after Republican Congresswomen removed their names publicly as co-sponsors of the bill. The vote on the unconstitutional 20-week ban had originally been scheduled for today, the anniversary of Roe v. . . .