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Catholic Hospital Argues Fetuses Aren't People In Med Mal Suit

It's a tragic story, but one that reveals the hypocrisy of those same Catholic hospitals who argued against allowing their employees the right to make reproductive choices for themselves and who pressure and terrorize women at their "pregnancy centers." When it's a woman seeking legal medical assistance for an unwanted pregnancy, it's all about taking her needing to take responsibility and God's will and giving that fetus inside her personhood status. But when it's about medical negligence allowing the death of two potentially viable fetuses, well then, personhood goes right out the window.

When 31-year-old Lori Hodghill went into a Colorado Catholic hospital on New Year's Day 2006 because she wasn't feeling well, it didn't take long for things to rapidly spiral downhill. Seven months pregnant with twin boys, she passed out due to a blockage in an artery, which led to a heart attack. The obstetrician on call did not respond to his page and less than an hour after she entered the emergency room, Lori Hodghill and the twins she was carrying died.

Hodghill's husband filed a wrongful death lawsuit against the hospital on behalf of himself and their daughter, claiming that even if the obstetrician couldn't make it in, he could have instructed the ER staff to conduct an emergency caesarian section and at least save his sons when his wife couldn't be resuscitated.

That's where Catholic practices in hospital care gets a little complicated:

The lead defendant in the case is Catholic Health Initiatives, the Englewood-based nonprofit that runs St. Thomas More Hospital as well as roughly 170 other health facilities in 17 states. Last year, the hospital chain reported national assets of $15 billion. The organization’s mission, according to its promotional literature, is to “nurture the healing ministry of the Church” and to be guided by “fidelity to the Gospel.” Toward those ends, Catholic Health facilities seek to follow the Ethical and Religious Directives of the Catholic Church authored by the U.S. Conference of Catholic Bishops. Those rules have stirred controversy for decades, mainly for forbidding non-natural birth control and abortions. “Catholic health care ministry witnesses to the sanctity of life ‘from the moment of conception until death,’” the directives state. “The Church’s defense of life encompasses the unborn.”

[..]

But when 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.

That, my friends, is trying to have your cake and eat it, too. I could respect Catholic Health's stance on contraception and abortion far more if it was at least consistent.



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For the last several weeks, all eyes have been focused on the high-profile clash between Catholic bishops (if not their parishioners) and the Obama administration over mandated insurance coverage for contraception at their non-church institutions. But in cities and towns across the country, a second battlefront is jeopardizing access to essential reproductive care for millions of American women. As The New York Times and the New Republic each recently documented, the expansion of Catholic hospitals nationwide is putting women's reproductive care—and in some cases, their lives—at risk.

For over a hundred years, Catholic hospitals have been one of the cornerstones of the U.S. health system, providing care to tens of millions of Americans of all faiths, races, ethnicities and income levels. TNR's Jonathan Cohn explained just how big a role they play and the public support they enjoy in return:

Today, Catholic hospitals supply 15 percent of the nation's hospital beds, and Catholic hospital systems own 12 percent of the nation's community hospitals, which means, according to one popularly cited estimate, that about one in six Americans get treatment at a Catholic hospital at some point each year. We now depend upon Catholic hospitals to provide vital services--not just direct care of patients, but also the training of new doctors and assistance to the needy. In exchange, these institutions receive considerable public funding. In addition to the tax breaks to which all nonprofit institutions are entitled, Catholic hospitals also receive taxpayer dollars via public insurance programs like Medicare and Medicaid, as well as myriad federal programs that provide extra subsidies for such things as indigent care and medical research. (Older institutions also benefited from the 1946 Hill-Burton Act, which financed hospital construction for several decades.)

But increasingly, Cohn cautioned, "the dual mandates of these institutions—to heal the body and to nurture the spirit, to perform public functions but maintain private identities—are difficult to reconcile." For many communities, a Catholic facility is already the only choice. And with the accelerating trend of hospital mergers and partnerships, policies forbidding contraception, abortion and sterilization are becoming the norm at formerly public hospitals. In cities around America, the result is growing confusion for physicians and greater risk for their patients.

As The New York Times detailed, over just the last three years about 20 new partnerships combining stand-alone hospitals or smaller systems with larger, financially stronger Catholic institutions is adversely impacting the availability of common reproductive health care services. For example:

In Seattle, Swedish Health Services has offered elective abortions for decades. But the hospital agreed to stop when it joined forces this month with Providence Health & Services, one of the nation's largest Catholic systems.

And when Seton Healthcare Family in Texas, a unit of Ascension Health, began operating Austin's public Breckenridge hospital in 1995, it curbed reproductive health care services available to its patients:

In that case, Mr. [Charles] Barnett [of Ascension Health] says the system never agreed to provide services like elective abortions and sterilizations, and public officials and hospital administrators initially struggled to find a compromise. Although another system eventually offered sterilizations on a separate floor of the hospital, complete with a separate elevator, another hospital now provides those services.

Increasingly, the clashing requirements of the Catholic hospitals' public mission and religious tenets are putting patients, doctors and staff at risk. In 2007, physician Ramesh Raghavan wrote in the Journal of the American Medical Association of his wife's experience. As Cohn explained the horrifying episode:

[Raghavan's wife], a woman, also pregnant with twins, whose pregnancy was failing, threatening infection that could jeopardize her ability to have future children and perhaps her life. Distraught, she and her husband decided to terminate the pregnancy--only to learn the Catholic hospital would not perform the procedure.

A few years later, New Hampshire waitress Kathleen Prieskorn went to her doctor's office after a miscarriage—her second—began while she was three months pregnant. She quickly learned that her emergency was not one for which treatment would be available from her hospital's new operators:

Physicians at the hospital, which had recently merged with a Catholic health care system, told her they could not end the miscarriage with a uterine evacuation--the standard procedure--because the fetus still had a heartbeat. She had no insurance and no way to get to another hospital, so a doctor gave her $400 and put her in a cab to the closest available hospital, about 80 miles away. "During that trip, which seemed endless, I was not only devastated but terrified," Prieskorn recalled. "I knew that, if there were complications, I could lose my uterus--and maybe even my life."

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I'm sure there's some mistake, because if this was true, it would mean that the Catholic Church's political attack against the Obama administration was mere posturing for the benefit of their right-wing buddies, and not a heartfelt defense of a religious position against abortion that, by the way, is younger than the Happy Meal:

U.S. Catholic bishops have vowed to fight the Obama administration's compromise on insurance coverage for contraception and sterilization, denouncing it as "coercive," "insulting," "unconstitutional," "belligerent," and "dangerous."

Yet there is evidence the sterilization services the bishops oppose have been provided by many Catholic hospitals across the country, including a few in the Philadelphia area.

Some evidence comes from news reports about bishops cracking down. In Texas in 2008, for example, two hospitals were ordered to stop doing the sterilization surgery, called tubal ligation. In Oregon in 2010, a hospital that refused to stop lost its Catholic status.

Last year, however, a more scientific look at sterilization practices was published as a doctoral dissertation at Baylor University by Sandra Hapenney, a Catholic in Waco, Texas.

Using standardized hospital discharge data, she found that between 2007 and 2009, more than 20,000 women who gave birth at Catholic hospitals in New Jersey and six other states then had their "tubes tied." Eighty-five hospitals - almost half of those providing obstetric services - were doing sterilizations to end fertility.

Among these were Our Lady of Lourdes Medical Center in Camden and Lourdes Medical Center of Burlington County in Willingboro, where Hapenney found that 282 women - 6 percent of those who gave birth - were sterilized in 2008 and 2009.

Catholic ecclesial and hospital authorities dismiss Hapenney's study as incorrect, although they won't discuss specifics.

Because if women want to get their tubes tied right after giving birth, they're going to give birth in a hospital that will perform the procedure. And as you may know, deliveries are a very profitable part of healthcare. I think you can figure out the rest.