Showing posts with label Unborn babies. Show all posts
Showing posts with label Unborn babies. Show all posts

Tuesday, January 29, 2013

The Church, Abortion and A Wrongful Death Lawsuit against a Catholic Hospital

Every now and then (but more and more) you find a news story that forces your brain to do double back flips. Here's one I found, courtesy of Digital Journal:
A Catholic hospital embroiled in a lawsuit involving the death of twin fetuses is arguing that they should not be held responsible for the death of the unborn children because "a fetus is not a person".
(Click on the headline above to read the complete article. It's worth your time.) 

That such a thing can happen in the first place in any hospital in this day and age is, in itself, shocking and it's tragic. To lose your wife and your unborn twins in one moment? It's hard to imagine that kind of pain. The Denver Post gives us more details:
Jeremy Stodghill filed a wrongful-death lawsuit in District Court in Fremont County after his 31-year-old wife, Lori, seven months pregnant with twin boys, died of a blockage of the main artery of the lung at St. Thomas More Hospital in CaƱon City on New Year's Day 2006.
Stodghill's lawyer argued that her obstetrician, Pelham Staples, never made it to the hospital — even though on call for emergencies — and there was no attempt by any medical personnel to save the Stodghills' sons by cesarian section. The unborn children died in the womb.
However, listen to the defense from the lawyer for the lead defendant in the case is Catholic Health Initiatives (CHI), operator of St. Thomas More hospital.The article quotes Jason Langley, attorney for CHI:
"[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."
In fact, from a legal point of view, Langely was quite right. In cases of wrongful death,, the courts, as a rule, do not award special rights to the unborn. (For the complicated reasons for this policy, follow the link.) One source observes
Opponents of the fetal wrongful death action add the argument that wrongful death statutes allow recovery only for the death of a "person," and that a fetus is not a person."
Nevertheless in the criminal courts, Colorado (as well as 38 other states) do have increased the criminal penalties for crimes involving pregnant women. They are called "fetal homicide laws." So the courts do give special limited considerations to death of the unborn fetuses. Apparently just not for wrongful death cases. 

In any case, from a moral and ethical view, I wonder how in the name of God the lawyer persuaded his defendants that his approach was suitable? 
That must have been some hard sell.