Public Health Law Map - Beta 5 - Medical and Public Health Law Site

6. Informing the Patient
As with contraception, medical care practitioners who do not perform abortions must
fully inform all obstetrics patients of this restriction at the first patient visit, with this
information documented in the patient chart. If a medical care practitioner suspects
that a pregnant patient may have a medical reason for terminating the pregnancy or
may be carrying a defective fetus, the medical care practitioner has a duty to inform
the patient of the problem and the options available to her. If the patient decides to
have an abortion, the medical care practitioner is not obliged to perform the abortion
but has a duty to refer the woman to a medical care practitioner who will.
The information given to the patient should be complete and reasonably objective. A
medical care practitioner should never withhold information or downplay the
seriousness of a problem in an attempt to guide a patient’s decision. The essence of
informed consent is that the patient has all the information necessary to make the
decisions. A failure to inform the patient properly can create liability for the torts of
wrongful life or wrongful birth.
7. Adoption Alternatives
A patient faced with a problem pregnancy may seek advice from her health care
practitioner. If there is no medical reason for terminating the pregnancy, adoption
should be discussed as an alternative to abortion. A medical care practitioner should
refer a patient to an approved adoption agency if the patient wants to place the child
for adoption. The medical care practitioner should be careful to avoid any conflict of
interest in making this referral. No matter who pays the bills or arranges the care, the
medical care practitioner’s duties are to the patient, not the agency or adoptive
parents.
8. Time Constraints
The Supreme Court decision that upheld a woman’s right of privacy in deciding on
abortion limited this right to the period when the fetus is not viable. As a purely
medical matter, the safety and ease of induced abortion decrease as the pregnancy
progresses. This puts a time restraint on the provision of abortion services. A patient
must be provided necessary information and care in a time frame that maintains her
options and safety.
When medical care practitioners first see patients in the second trimester, they must
make special efforts to get test results or referral appointments quickly. The medical
care practitioner who knows that time is short should personally ensure that the
patient has access to timely care. A medical care practitioner whose delay prevents
the patient from aborting a damaged fetus can be liable for the consequences.
9. The Changing Nature of Abortion
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