Catholic hospital: dead unborn twins in malpractice case not persons

[Cave Johnson]

Awkward.

One thing you have to give the lads in The Clan Of The Red Beanie. They certainly know how to thrive in what many of their pet politicians call Our Litigious Society. Confronted by the civil law, the boys in the Clan don't reach for Scripture. They don't pray in seclusion for the imminent arrival of the Holy Spirit. They whip out their BlackBerries — and thank the Lord that's all they whip out — and dial up their lawyers, and then they do what the lawyers tell them, regardless of whatever Vatican-based palaver they dish out to the rest of us.

There's a real gem of a case going on in Colorado right now, where a Catholic hospital is alleged to have contributed to the death of a pregnant woman, and of the twins she was carrying, and in defense of its right not to be socked with the mother of all malpractice judgments, Holy Mother Church has discovered its inner Kate Michelman.

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. 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."

Fetuses are precious giftpersons from the baby Jesus unless that principle happens to cost us a buck. Matthew 21: 12-13, beeyotches.

http://www.esquire.com/blogs/politics/#ixzz2IvQqmpSj

[BigChiefTablet]

If they had any conviction, they would make their defense without contesting the humanity status of the fetuses. But we can go back and forth all day and it is obvious it won't get us anywhere.

[dirk digler]

Originally Posted by blaise

Not really. Someone is trying to assign legal responsibility. They're just pointing out a legal standard. They don't have to agree with the concept.

From what it looks like they are on solid ground legally because the statute in Colorado doesn't protect fetuses for wrongful death.

Morally they are hypocrites and they should settle.

[dirk digler]

Also I should add we need to know more about this story and why they didn't perform an emergency C-section or try to save the babies or mother. Why didn't they transfer her if they couldn't do it?

Edit: Ok found some more information looks like the Catholic Bishops are going to get involved and maybe they will settle this case and do the right thing. And appears they just let her and her babies die on the table and did nothing. This hospital needs to pay big time.

http://www.denverpost.com/breakingne...e-that-fetuses

Colorado's three Catholic bishops Thursday evening said they will make a full review of a lawsuit in which a Catholic hospital defending against malpractice has argued that fetuses aren't persons.

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 Cañon 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.

Denver Archbishop Samuel Aquila, Colorado Springs Bishop Michael Sheridan and Pueblo Bishop Fernando Isern wrote in a joint statement that representatives of CHI assured them Thursday "of their intention to observe the moral and ethical obligations of the Catholic Church."

The bishops, who said they only recently learned of the case and the deaths of Stodghill and her unborn children, would not otherwise comment on the ongoing legal dispute , but said they will undertake a full review of the litigation and of the CHI policies and practices.

"From the moment of conception human beings are endowed with dignity and with fundamental rights, the most foundational of which is life," the bishops said. "No Catholic institution may legitimately work to undermine fundamental human dignity."

[ClevelandBronco]

The Church has reined in their attorneys.

http://www.denverpost.com/breakingne...e-that-fetuses

Suit: Catholic lawyers won't cite defense that fetuses aren't people

Catholic Health Initiatives and St. Thomas More Hospital in Cañon City acknowledged Monday it was morally wrong for their attorneys to defend a medical malpractice case in the death of unborn twins by arguing Colorado law doesn't consider fetuses to be persons...

[cosmo20002]

Originally Posted by ClevelandBronco

The Church has reined in their attorneys.

http://www.denverpost.com/breakingne...e-that-fetuses

Suit: Catholic lawyers won't cite defense that fetuses aren't people

Catholic Health Initiatives and St. Thomas More Hospital in Cañon City acknowledged Monday it was morally wrong for their attorneys to defend a medical malpractice case in the death of unborn twins by arguing Colorado law doesn't consider fetuses to be persons...

Damn straight.

Originally Posted by cosmo20002

Is it not "against their faith" to even make such an argument?

Seeing how it is "against their faith" to follow a law requiring that birth control be available for optional use under the insurance plans they offer, it seems rather unbelievable that there is no problem with trying to avail themselves of a law that says a fetus is not a person.