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In malpractice case, Catholic hospital argues fetuses a... - 1/23/2013 8:34:37 PM   
tazzygirl


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Talk about fucked up.....

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.”



http://coloradoindependent.com/126808/in-malpractice-case-catholic-hospital-argues-fetuses-arent-people

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 8:38:27 PM   
jlf1961


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Trust me, the mother church is gonna raise seven kinds of hell over this.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 8:40:46 PM   
slvemike4u


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The Catholic Church....the gift that keeps on giving.
Fuck how do they do this,I lost an aunt recently...had to drive to New York(heading back tomorrow) found myself in a Church for the service.....sat there wondering what I actually thought about the religion of my parents....I felt like a hypocrite.
My son,the atheist sat in the back row...lol
The Church sucks....and they are shortsighted hypocrites....first they abandoned the children,not the un-born.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 8:48:44 PM   
jlf1961


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In similar cases over the years, the Mother Church steps in and either instructs the attorney to change his arguments or terminates their services.

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Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 8:51:49 PM   
slvemike4u


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Well someone better step in and do something.I scanned the link,and what I saw said two judges had so far agreed with this argument.
This has to be reversed by a higher court,lest the late term unborn be stripped of all protections under the law as far as medical liability is concerned.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 8:54:04 PM   
tazzygirl


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7 months.... viability.... now they want to argue that they arent entitled to that protection?

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:13:48 PM   
slvemike4u


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It is bullshit,but if it is allowed to stand(did I read right,two judges have found in their favor already ?)it is also bad precedent.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:21:00 PM   
jlf1961


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quote:

ORIGINAL: slvemike4u

It is bullshit,but if it is allowed to stand(did I read right,two judges have found in their favor already ?)it is also bad precedent.



I agree with you mike.

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Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:24:04 PM   
tazzygirl


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The Judges have no choice but to follow law...

However, law seems to be on the parents side. Pages 3 - 5

http://www.leagle.com/xmlResult.aspx?page=4&xmldoc=19862129649FSupp1480_11931.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7

ESPADERO v. FELD
649 F.Supp. 1480 (1986)
United States District Court, D. Colorado.
Nunc Pro Tunc November 14, 1986.

Should be interesting to see what that court does.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:33:17 PM   
slvemike4u


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The question I'm asking though is whether or not I read it right.
Did two lower courts already find for the Church ?
I only scanned it,I'm driving tomorrow

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:35:09 PM   
tazzygirl


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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.

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Telling me to take Midol wont help your butthurt.
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If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:37:16 PM   
LafayetteLady


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While I don't disagree with you mike, the other judges' rulings are not likely that simple.  A lot depends on the causes of action set forth by the plaintiff.  If they don't use the term "viable" when referring to the twins, the catholic lawyers may have been jumping on a loophole of sorts.

Hopefully, jlf1961 is right and the *higher powers*, pardon the pun, will make their lawyers withdraw the argument or terminate them.  This certainly opens up more than a simple care of worms for these hospitals.  Catholic hospitals used to (not sure they still do) put the life of the unborn child ahead of the mother.  If they still do this, this brief gives precedent for more lawsuits when they have.  Afterall, they are abandoning a life with rights to something that has none, something they argued against for years.  I know this because my son was actually born at one of this organization's hospitals (which I only found out just reading this post), and I made a point of telling them that if a choice had to be made, which choice they needed to make.  I might have even had to sign paperwork to that effect, I don't remember.

Sadly, a misson statement is not necessarily going to hold up to law, which is why I think these attorneys have won their argument so far.  They are doing nothing more than asking the state to uphold current laws of the state.  I totally disagree, and think that the organization's stance on fetus' should definitely come into play.

Hopefully, tazzy will keep us all up to date on this one.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:41:15 PM   
slvemike4u


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Both of them are assholes....in this layman's opinion anyway.
The court,no court can afford to strip away the rights of fetus's that by any medical/doctors opinion are viable actual persons...hell I'm struck by how a case can not be made,providing standing ,to sue on behalf of any fetus....and I'm pro choice
but 7 months....isn't that considered "late term" anyway....let's me off my ethical confusion being pro choice and al



edited to add...Tazzy,I'm going to be driving south,for two days probably....I'm just too old(used to do it in one straight drive)...keep me posted ,please ;-)
Thanks,Mike.l.

< Message edited by slvemike4u -- 1/23/2013 9:43:28 PM >


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If we want things to stay as they are,things will have to change...Tancredi from "the Leopard"

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:43:34 PM   
dcnovice


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quote:

Talk about fucked up.....

Seriously.

I spent way too much of the afternoon debating this on Facebook.

Friend of a Friend (FOF): Wellll, it IS a valid argument given the precedent set by the Catholics' political opponents.

Moral: Be careful of the legal precedent you set, you may not like it when it bites you on your moral ass.


Me: Fair point about the legal precedent. I don't blame the hospital system for using whatever legal strategies it can. But the story does raise questions (for me, at least) about the moral and teaching authority of the RCC. The Church has not only taught that life and personhood begin at conception, but it has argued for enshrining that belief into law, binding even those who see the issue very differently.

That, imho, raises the question of consistency/hypocrisy. If the Church truly believes its teachings on fetal personhood, shouldn't it stand by them even when doing so comes at some cost? After all, Ignatius Loyola counseled us to give and not to count the cost.

Reflecting on this news story, I can't keep from thinking of Luke 11:46: "And he said, Woe unto you also, ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers."


FOF: The legal constructs and the moral ones are vastly different.

I'm sure the doctors involved cried quite a bit that night, but at the end of the day, the lawsuit happens within the constructs of the legal system, which have clearly said that's a lump of tissue, not a person. And it's just sweet irony that the Catholics get to turn that back around on the gov't that said so.


Me: I agree about the difference between legal and moral constructs. and i certainly see the irony in the RCC's taking advantage of legal constructs that rest on premises starkly at odds with its teaching. But is that irony sweet? For a church that claims infallibility to abandon its teachings in order to save some cash? To use cagy lawyering to escape "burdens" (Jesus' word, not mine) it lays on its adherents and attempts to impose on society as a whole? That strikes as more sour than sweet, alas.


FOF: Well, let's NOT confuse "the church" with "the church-affiliated hospital". It's not quite the same thing.

This is the classic application of the "render unto Caesar" principle. Obey THEIR laws and play by THEIR rules. And their rules say "you don't have to pay out here."


Me: That honestly sounds like a distinction without a difference, aka hair-splitting. I don't recall Catholic hospitals' drawing that distinction when the HHS mandate was a hot issue. And CHI's own mission statement, front and center on its website, talks about nurturing "the healing ministry of the Church" and "fidelity to the Gospel."


FOF: When you can use the enemy's rules against them, to make a point, so much the better.


Me: I can see that in politics and p.r. But not in the realm of theology and (purportedly God-given) morality. The RCC has long said,"We believe in the personhood of the zygote/embryo/fetus, and we want that belief enacted into law." Now it's adding a qualifier: "except when it costs us." That makes it seem like the moral structure rests on sand rather than rock (Mt: 7:24-27).


FOF: One can argue that if the Church can - by saving money - make a point about the status of those fetuses, then it's doing God's work, as it were.

ie., nothing can be done to save anyone's life at this point. So EITHER the church-run hospital can keep its money in its coffers and use this opportunity to make a point, or it can pay out money quietly and get screwed by the gov't when it's convenient for the gov't to call those fetuses "humans".

I'm sorry, but I'm completely on the hospital's side here. There's a point to making a point, no pun intended.


Me: Refusing, for financial gain, to extend the Church's (and the hospital's) longstanding and loudly trumpeted definition of personhood to the two Stodghill fetuses that died of apparent malpractice at St. Thomas More may indeed be a crafty legal strategy and perhaps even a clever p.r. ploy. But "doing God's work"? Not hardly. This is a page from the pharisees' book, I think.



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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:46:24 PM   
tazzygirl


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7 months is better than 8 months... has to do with surfactant and the ability of the lungs to expand.

Twins are typically born at 32 - 36 weeks. Rarely will a set of twins go 40 weeks.. just not enough room.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:48:23 PM   
LafayetteLady


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But that is Alabama law.  This is Colorado.  While out of state cases can be sited, in state is more important.  Have you found anything in state?  Keep in mind, I agree with you.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:52:26 PM   
tazzygirl


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Yet I posted a link to the precedence that states the law does consider a fetus under the Wrongful Death Act in that state.

Makes me wonder about the previous Judges.

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RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 9:56:26 PM   
tazzygirl


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quote:

ORIGINAL: LafayetteLady

But that is Alabama law.  This is Colorado.  While out of state cases can be sited, in state is more important.  Have you found anything in state?  Keep in mind, I agree with you.


I thought that case was Colorado.

Espadero v. Feld, 649 F.Supp. 1480, 1485 (D.Colo.1986)

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 10:06:08 PM   
slvemike4u


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But I was the first guy on this thread to refer to those two judges as assholes....right ?
The argument is ridiculous on it's face...throw in WHO is making the argument and you have a tv series.

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If we want things to stay as they are,things will have to change...Tancredi from "the Leopard"

Forget Guns-----Ban the pools

Funny stuff....https://www.youtube.com/watch?v=eNwFf991d-4


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RE: In malpractice case, Catholic hospital argues fetus... - 1/23/2013 10:06:39 PM   
tazzygirl


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lol.. a new L&O series

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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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