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Thread: In malpractice case, Catholic hospital argues fetuses arenít people

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    In malpractice case, Catholic hospital argues fetuses arenít people

    rut rohhh!
    This cant be good for the business of religion.
    I mean, you use the defense of "those fetuses are not persons with legal rights"?


    Maybe a "pro-lifer" would like to make an excuse for this.

    This should be good.




    In malpractice case, Catholic hospital argues fetuses aren’t people | The Colorado Independent

    Lori Stodghill was 31-years old, seven-months pregnant with twin boys and feeling sick when she arrived at St. Thomas More hospital in CaŮon City on New Year’s Day 2006. She was vomiting and short of breath and she passed out as she was being wheeled into an examination room. Medical staff tried to resuscitate her but, as became clear only later, a main artery feeding her lungs was clogged and the clog led to a massive heart attack. Stodghill’s obstetrician, Dr. Pelham Staples, who also happened to be the obstetrician on call for emergencies that night, never answered a page. His patient died at the hospital less than an hour after she arrived and her twins died in her womb.

    [...]

    [W]hen it came to mounting a defense in the Stodghill case, Catholic Health’s lawyers effectively turned the Church directives on their head. Catholic organizations have for decades fought to change federal and state laws that fail to protect “unborn persons,” and Catholic Health’s lawyers in this case had the chance to set precedent bolstering anti-abortion legal arguments. Instead, they are arguing state law protects doctors from liability concerning unborn fetuses on grounds that those fetuses are not persons with legal rights.

    As Jason Langley, an attorney with Denver-based Kennedy Childs, argued in one of the briefs he filed for the defense, 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 Health attorneys have so far won decisions from Fremont County District Court Judge David M. Thorson and now-retired Colorado Court of Appeals Judge Arthur Roy.

    Last edited by madman; 01-24-13 at 12:03 PM.

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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    A malpractice case deals with the laws on the books. Under the laws fetuses are not given human rights or considered persons.

    I'm not Catholic, but regardless they are arguing a court case along the lines of what is currently on the books.
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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Quote Originally Posted by digsbe View Post
    A malpractice case deals with the laws on the books. Under the laws fetuses are not given human rights or considered persons.

    I'm not Catholic, but regardless they are arguing a court case along the lines of what is currently on the books.
    So, the church uses a law that goes against their teaching for defense? Doesn't sound like principle to me.
    This is more picking and choosing even though it goes against their principles.

    And i wonder why the church is is suing the fed over Obamacare.

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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Quote Originally Posted by madman View Post
    So, the church uses a law that goes against their teaching for defense? Doesn't sound like principle to me.
    This is more picking and choosing even though it goes against their principles.

    And i wonder why the church is is suing the fed over Obamacare.
    It's not principled, but very little is when you get to court.


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Quote Originally Posted by madman View Post
    So, the church uses a law that goes against their teaching for defense? Doesn't sound like principle to me.
    This is more picking and choosing even though it goes against their principles.

    And i wonder why the church is is suing the fed over Obamacare.
    Don't apply the actions of one hospital or one doctor to the entire church, they are trying to cover their own butt in court. Is it not based on principle? I can agree with that. However, if they were to argue that they should be punished because fetuses are people that would also be incorrect because the law doesn't reflect that. Ultimately the ruling will be based by whats on the books today, not based on what the Catholic church may want on the books tomorrow.
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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Quote Originally Posted by digsbe View Post
    Don't apply the actions of one hospital or one doctor to the entire church, they are trying to cover their own butt in court. Is it not based on principle? I can agree with that. However, if they were to argue that they should be punished because fetuses are people that would also be incorrect because the law doesn't reflect that. Ultimately the ruling will be based by whats on the books today, not based on what the Catholic church may want on the books tomorrow.
    "Dont apply the actions..." Are you serious? Are they not supposed to be following what the Vatican says?

    Use the law when it benefits you
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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Quote Originally Posted by madman View Post
    "Dont apply the actions..." Are you serious? Are they not supposed to be following what the Vatican says?

    Use the law when it benefits you
    use the book when it benefits you
    (choose the one that suits you best)
    You misunderstand what I'm saying. Don't apply the actions of one hospital or Catholic doctor upon the entire Catholic church and say that the church is going back on their doctrine.

    Nice nitpicking one point to make an out of context statement while ignoring the rest though.
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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Quote Originally Posted by digsbe View Post
    You misunderstand what I'm saying. Don't apply the actions of one hospital or Catholic doctor upon the entire Catholic church and say that the church is going back on their doctrine.
    ahhh, got ya! so do you disagree with the hospital's defense, right?

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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Forget the whole hypocrisy aspect of this case. It can also be argued that the hospital and the obstetrician were guilty of malpractice in this specific instance for two reasons.

    Stodghill’s obstetrician, Dr. Pelham Staples, who also happened to be the obstetrician on call for emergencies that night, never answered a page.
    and

    the hospital didn't have a back-up plan or surgeon on duty that night.
    ďAnd I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.Ē
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    Re: In malpractice case, Catholic hospital argues fetuses arenít people

    Quote Originally Posted by madman View Post
    ahhh, got ya! so do you disagree with the hospital's defense, right?
    On a legal footing I don't disagree with their defense. What they are arguing is correct as far as the law is concerned.

    According to my beliefs on human rights I think the law is wrong and fetuses should be protected to some degree, I would support prosecuting on malpractice cases when fetal life has been harmed. If my beliefs on human rights were law then this hospital and doctor would be held liable for malpractice.
    When the debate is lost, slander becomes the tool of the loser. -Socrates
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