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Senate approves bill on ‘wrongful births’

The Arizona Senate has approved a bill that would shield doctors and others from so-called “wrongful birth” lawsuits.

Those are lawsuits that can arise if physicians don’t inform pregnant women of prenatal problems that could lead to the decision to have an abortion.

The Senate’s 20-9 vote Tuesday sends the bill to the state House.

The bill’s sponsor is Republican Nancy Barto of Phoenix. She says allowing the medical malpractice lawsuits endorses the idea that if a child is born with a disability, someone is to blame.

Barto said the bill will still allow “true malpractice suits” to proceed.

If the bill becomes law, Arizona would join nine states barring both “wrongful life” and “wrongful birth” lawsuits.

Opponents of the bill say it’s unnecessary and would infringe on reproductive rights.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

46 comments

  1. This from the party that constantly screams about federal \overreach\ and government intrusion in our lives? LOL…the level of hypocrisy is astounding.

  2. Bullcrap. What this allows is it gives doctors an out if they see problems with the fetus but personally does not believe in abortion. The doctor has no god damn say in the matter. The doctor is there to give medical advice, not weigh in on the ethics of an abortion. I am FAST approaching disowning Christianity as my faith. You jack wagons are attempting to interfere in everyone else’s lives. You take issue with things in this world? Good, fine. Speak out against them from the pulpit. Not the Senate floor. What part of separation of Church and state don’t you get? You know why we have that in place? So we don’t have the American equivalent of the Taliban in this country….Christian flavored.

  3. I’ve written a petition asking the house to reject this bill here: http://www.thepetitionsite.com/601/284/200/dont-let-doctors-lie-to-women-about-their-health-risks/

    If you agree, please sign it and ask your friends to do the same.

  4. Wait a minute. All those forced ultrasound bills are supposedly about women getting the “information” they need to make a decision. So why are we now allowing doctors to withhold information? Come on people, make up your minds, is prenatal information good or bad?!

  5. And Arizona continues down the path of right-wing nuttery. At least you have nice weather.

  6. Apparently, to the anti-woman party, lying to a patient to impose your own religious views on her doesn’t constitute “true malpractice”.

    That’s pretty much all we need to know about this bill, and its supporters.

  7. Wait a minute. So if I, a 55 year old woman, became pregnant and my doctor did not inform me of the many, many things that could go wrong with the pregnancy or of the birth defects I could be inflicting on my child, I couldn’t sue the pants off the guy? How can that be in America? We get to sue anyone, any time, for anything!

    What a bunch of Commies.

  8. Madness. This is like a law you’d see in Syria or somewhere like that. Shame on the Arizona Senate.

  9. This is absolutely disgusting. In accordance with this bill, doctors could legally withhold information from a woman and, in doing so, kill her without being sued. For example, if a woman had an ectopic pregnancy, which is extremely dangerous to the health of the woman and would not be viable anyways, the doctor could legally not tell her. It would not be unusual for her to die, all because her doctor was so opposed to abortion that he or she killed his or her patient to prevent the termination of a non-viable pregnancy.

    This bill isn’t about lawsuits or doctor’s rights. It is about giving doctors the right to withhold information from women about their own bodies. How can you possibly deny ANYONE the right to know about their own body? Especially in a case like this, where denial is potentially life-threatening? The Arizona Republicans are using their majority to destroy basic humanitarian rights because they don’t like abortions. There is no defense for such a base, vile act.

  10. Another Republican, wanting government small enough to invade our uteruses. I’m ASHAMED that a woman is the sponsor of this bill.

    I don’t mind having a child with a disability in most cases, since I work with children with developmental disabilities, and I’m more than familiar with the amount of care and hard work that goes into improving their lives. But… my grandmother had a little sister who died of Tay Sachs, a genetic disorder. Most of you won’t know what it is, since it runs mostly in Eastern European Jewish and some Cajun/Acadian families. In it, children are born appearing normal, then start to seize and regress by 6 months or so. By about 3, they are deaf, paralyzed, and have impossibly low IQs. They die at about 5 – 8 years old, screaming in pain from their metabolic disorders.

    I don’t know about you, but I would DIE to not let a child of mine go through that. And that includes obtaining an illegal abortion before it has to go through so much pain and suffering.

    This is just another bill that they claim is pro-life which is just anti-women bull ****. It won’t save any lives. In fact, if the women who die from this legislature-enforced medical NEGLIGENCE already have children at home, they are creating a generation of motherless children, raised by single fathers.

    To say this is invasive is about the least that can be said. It potentially violates HIPAA, not to mention the HIPPOCRATIC OATH. Where is the outrage from the medical community? Why aren’t they standing up to demand that their colleagues leave their faith in religion at home where it belongs so they can DO THEIR JOBS?!

    While we’re at it, the same thing goes to pharmacists who SHOULD be giving out birth control and morning after pills who are using the faith exemption.

  11. These people are scum, and it ain’t about dead babies as they like to claim. It’s about controlling female sexuality and ****-shaming.

  12. Utterly ******* insane and completely evil. Garbage like this is why we march. Join us.
    https://www.facebook.com/UniteWomen

  13. can you please get a link to this bill?

  14. This is unethical and a violation of patient rights!!!! You have no right to take control of anyone’s medical decision making process. Get ready for a fight.

  15. This is sick. Since when does the doctor get an escape clause from the Hippocratic Oath? If a woman cannot trust her doctor to be truthful with her, she is robbed of the right to make decisions regarding her own heath. It also denies her the information required to take precautionary care of her fetus if it is endangered. This, therefore, assures that there will be more birth mortality than we have now, as treatments would not occur that could avert the mortality. It also guarantees that more infants will be born with disabilities; and that will make the child’s life difficult as well as the parents’ lives difficult.

    This would not be tolerated if we were talking about cancer here. Where is there a law that says that a doctor does not have to tell you that you are dying from cancer? What if the doctors fears a lawsuit because you die? If he doesn’t tell you, he hasn’t done anything wrong? Of course not, it would be malfeasance.

    Why do you people hate women so much?

  16. This type of legislation continues the demeaning of women, their control by the 1 % power groups and the extreme right wing wingnuts…women must be allowed to sue if there are medical errors…otherwise…doctors are not accountable…isnt this a bill a backward slap at freedom ?

  17. This is the most absurd law. How could this have passed?

  18. Okay, so if a couple cannot afford for the long term medical care necessary for a disabled child, is Ms. Barto and her criminally ignorant cohorts going to provide those families with the financial aid they will need for the rest of the disabled child’s life? Somehow I suspect that this little factoid is absent from her simple, doltish mind. Further, I know her answer would be a big, “NO!”

    Further hypocrisy from the mental giants on the Rabid & Ridiculous Right …

  19. This is repulsive. Shame on you, America, for letting these disgusting things happen.

  20. Why would any doctor with the least shred of integrity practice medicine in a state that would pass a law like this? And if I were a woman of child-bearing age I would get the hell out of that state immediately. Will these legislators be returned to office at the next election? I hope not, for the sake of every woman in Arizona.

  21. I am as outraged as all of the others on here! What I also am is a product of medical malpractice, who could not sue the doctor. My mother was a pregnant teen who took a massive dose(s) of prescription DES (hormones) in the late 1940′s in an effort to abort me. Obviously, it did not work. What it did do is unspeakable! I was born without some organs, others were deformed, some joints and ribs are missing and/or deformed. However, at first glance, I looked fine. 10 fingers, 10 toes, etc. She gave me to the state to raise when I was 8 weeks old, and they tried to find adoptive parents — no one wanted or could afford me then or now.

    I spent 18 years in orphanages and foster homes, used often for unspeakable things. I am unable to have or care for a child, and have lived a very difficult, lonely existence. I am approaching old age, and have suffered enough. Now those in the government say I cannot choose how or when to die with dignity. I am addicted to narcotics for my pain, need help getting to the bathroom, have had enough surgeries for 10 lifetimes, and am a big drain on your taxes.

    Raise your voices against all interference in our liberties, and make sure that our states don’t cause thousands of others like me who wish they could end their suffering. Life must have some quality and hope to be worth living. Ask your physicians, your friends and family, and even your churches, to speak out against these laws cloaked in hypocrisy and paternalism.

    Romney said today that he will get rid of Planned Parenthood — not just stop any gov’t funding, but actually get rid of it!! It is a Private enterprise! He too is willing to let many women suffer and die. We must find women who will stand FOR us, not against us like AZ State Senator Nancy Barto, who sponsored this bill. Her bio states that she studied voice at Arizona State, has been a homemaker for many years, and is an active member of Pureheart Christian Fellowship. I cannot find where she studied ethics, medicine, law, or even social policy, nor does it say she graduated college or had a career outside the home. How is she qualified to win an election to state government? We must ask harder questions for those who want to represent us, harder even than Katie Couric’s questions to Sarah Palin.

    It’s far too late for me, but we MUST stop all the interference by our gov’t into our lives! This has become a war on women, on privacy, on ethical behavior, and on human decency — which must end NOW. Help me prevent our government from destroying itself from within. An early historian of America, Alexis de Tocqueville, said: “In a democracy, we get the government we deserve.” Our children deserve better!

  22. Someone asked for a link to the bill’s text and everyone just kept ignoring and raging on about it without reading a single line of it. You’re all sheep; none of you ever bother to look into anything. Take Jonathan N., for example. He apparently thinks there is a law mandating “separation of church and state.” It doesn’t exist even though he would like it to.

    This law prevents junk lawsuits filed by parents who are bitter that they were “punished” with a special-needs child. And to the person who cites the Hippocratic oath of doing no harm, how does killing a woman’s child because it is disabled honor that? Don’t insult my intelligence by citing “health of the mother” BS; there isn’t a medical case in existence where a doctor should stop trying to save both.

  23. These backwood hilljacks think from conception we’re all the same, born or no. Yet, if they took one of their brainwashed snot-eating piglets to the doc and he withheld health information and they found out about it, they’d sue the doc, med board and state and/or blow the doc office up. Idiots.

  24. I love Arizona and am VERY conservative, but this is just plain STUPID!! Get gov’t out of my bedroom, out of my doctor’s office (including Obama care), out of my pants (TSA!!) and stay out of my wallet.

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