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	Comments on: Med-mal meets Culture War: ACLU sues bishops over abortion policy	</title>
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	<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 16 Dec 2013 19:53:50 +0000</lastBuildDate>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-255292</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Mon, 16 Dec 2013 19:53:50 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=42995#comment-255292</guid>

					<description><![CDATA[Dwight Brown is onto something.

The authorities should not try to silence anti-vaccine kooks. lest kooks use the precedent to shut down scientific scrutiny when they get the upper hand.

On the other hand, a parent whose unvaccinated child suffers death or serious injury should be able to sue an anti-vaccine kook for malpractice, if he can show that he relied on the kook&#039;s opinion.  Kooks could shield themselves from liability by making clear disclaimers on their web pages and in public appearances that they are not doctors and are not qualified to offer medical advice.]]></description>
			<content:encoded><![CDATA[<p>Dwight Brown is onto something.</p>
<p>The authorities should not try to silence anti-vaccine kooks. lest kooks use the precedent to shut down scientific scrutiny when they get the upper hand.</p>
<p>On the other hand, a parent whose unvaccinated child suffers death or serious injury should be able to sue an anti-vaccine kook for malpractice, if he can show that he relied on the kook&#8217;s opinion.  Kooks could shield themselves from liability by making clear disclaimers on their web pages and in public appearances that they are not doctors and are not qualified to offer medical advice.</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-255289</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Mon, 16 Dec 2013 19:46:16 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=42995#comment-255289</guid>

					<description><![CDATA[The ACLU may have been thinking of the butchery of Savita Halappanavar in Ireland.
http://en.wikipedia.org/wiki/Death_of_Savita_Halappanavar

But that can&#039;t happen here?  Think again.  
The bishop of Phoenix excommunicated a doctor for saving a woman&#039;s life
http://en.wikipedia.org/wiki/Excommunication_of_Margaret_McBride
It is a pity that the Arizona legislature did not seize the opportunity to resolve as individuals (not as a body enacting a questionable law) to &quot;excommunicate&quot; the bishop by inviting all decent people to shun events where he was present.

I equate the Church hierarchy&#039;s willingness to let women die with another religious rite:  human sacrifice.  The belief may be sincere, but it does not merit Constitutional protection, *especially* when applied to victims without their informed consent.]]></description>
			<content:encoded><![CDATA[<p>The ACLU may have been thinking of the butchery of Savita Halappanavar in Ireland.<br />
<a href="http://en.wikipedia.org/wiki/Death_of_Savita_Halappanavar" rel="nofollow ugc">http://en.wikipedia.org/wiki/Death_of_Savita_Halappanavar</a></p>
<p>But that can&#8217;t happen here?  Think again.<br />
The bishop of Phoenix excommunicated a doctor for saving a woman&#8217;s life<br />
<a href="http://en.wikipedia.org/wiki/Excommunication_of_Margaret_McBride" rel="nofollow ugc">http://en.wikipedia.org/wiki/Excommunication_of_Margaret_McBride</a><br />
It is a pity that the Arizona legislature did not seize the opportunity to resolve as individuals (not as a body enacting a questionable law) to &#8220;excommunicate&#8221; the bishop by inviting all decent people to shun events where he was present.</p>
<p>I equate the Church hierarchy&#8217;s willingness to let women die with another religious rite:  human sacrifice.  The belief may be sincere, but it does not merit Constitutional protection, *especially* when applied to victims without their informed consent.</p>
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		<title>
		By: Bumper		</title>
		<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254735</link>

		<dc:creator><![CDATA[Bumper]]></dc:creator>
		<pubDate>Fri, 13 Dec 2013 01:41:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=42995#comment-254735</guid>

					<description><![CDATA[If the events described are correct then the attending physician are guilty of malpractice. So why aren&#039;t they being tried for same. Simple, the ACLU wants them to testify, &quot;the devil made me do it.&quot; 

Hopefully they will still be dealt with by their state board.]]></description>
			<content:encoded><![CDATA[<p>If the events described are correct then the attending physician are guilty of malpractice. So why aren&#8217;t they being tried for same. Simple, the ACLU wants them to testify, &#8220;the devil made me do it.&#8221; </p>
<p>Hopefully they will still be dealt with by their state board.</p>
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		<title>
		By: gasman		</title>
		<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254661</link>

		<dc:creator><![CDATA[gasman]]></dc:creator>
		<pubDate>Thu, 12 Dec 2013 18:33:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=42995#comment-254661</guid>

					<description><![CDATA[This must have the ACLU all torn in knots.  Normally it would fight for an individual or organization&#039;s right to make public statements of opinion on matters of their religious beliefs.  
Even if there is a relationship between the bishops statements and clinical care at hospital, the reality is that the bishops do not own the hospital, or employ the physicians.  
Is there even an ambulance chaser attempting to say the care was negligent through the more direct tort system between patient and physician?]]></description>
			<content:encoded><![CDATA[<p>This must have the ACLU all torn in knots.  Normally it would fight for an individual or organization&#8217;s right to make public statements of opinion on matters of their religious beliefs.<br />
Even if there is a relationship between the bishops statements and clinical care at hospital, the reality is that the bishops do not own the hospital, or employ the physicians.<br />
Is there even an ambulance chaser attempting to say the care was negligent through the more direct tort system between patient and physician?</p>
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		<title>
		By: Dwight Brown		</title>
		<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254640</link>

		<dc:creator><![CDATA[Dwight Brown]]></dc:creator>
		<pubDate>Thu, 12 Dec 2013 16:57:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=42995#comment-254640</guid>

					<description><![CDATA[&quot;Is it rude to point out that the law recognizes no tort of that sort?&quot;

Is it rude to suggest that if &quot;incitement to commit malpractice&quot; becomes a recognized cause of action, that it be applied next to Jenny McCarthy and other opponents of vaccination?]]></description>
			<content:encoded><![CDATA[<p>&#8220;Is it rude to point out that the law recognizes no tort of that sort?&#8221;</p>
<p>Is it rude to suggest that if &#8220;incitement to commit malpractice&#8221; becomes a recognized cause of action, that it be applied next to Jenny McCarthy and other opponents of vaccination?</p>
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		<title>
		By: Mike		</title>
		<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254632</link>

		<dc:creator><![CDATA[Mike]]></dc:creator>
		<pubDate>Thu, 12 Dec 2013 16:29:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=42995#comment-254632</guid>

					<description><![CDATA[There is a movement afoot to either drive the Catholic Church out of the charity, health care, and social services field(s), or force it to abandon its religious principles. One such attempt is being made through Obamacare&#039;s birth control mandate. This appears to be another. If the Church does abandon these activities, one big winner will be the SEIU.
I am disappointed, but not really surprised, to see the ACLU participating in this.]]></description>
			<content:encoded><![CDATA[<p>There is a movement afoot to either drive the Catholic Church out of the charity, health care, and social services field(s), or force it to abandon its religious principles. One such attempt is being made through Obamacare&#8217;s birth control mandate. This appears to be another. If the Church does abandon these activities, one big winner will be the SEIU.<br />
I am disappointed, but not really surprised, to see the ACLU participating in this.</p>
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		<title>
		By: marco73		</title>
		<link>https://www.overlawyered.com/2013/12/med-mal-meets-culture-war-aclu-sues-bishops-abortion-policy/comment-page-1/#comment-254574</link>

		<dc:creator><![CDATA[marco73]]></dc:creator>
		<pubDate>Thu, 12 Dec 2013 12:07:24 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=42995#comment-254574</guid>

					<description><![CDATA[Well, it is the Christmas season, so of course let&#039;s sue some Roman Catholics. No chocolate Jesus or dung covered Madonna, but a simple med-mal case is all they got?
What will they save for Good Friday?]]></description>
			<content:encoded><![CDATA[<p>Well, it is the Christmas season, so of course let&#8217;s sue some Roman Catholics. No chocolate Jesus or dung covered Madonna, but a simple med-mal case is all they got?<br />
What will they save for Good Friday?</p>
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