2 ms·
I was right there with you on the outrage, having read a few other articles on the subject. But a few details in this article made me look at the actual decisio
by mindslight 3y ago
I was right there with you on the outrage, having read a few other articles on the subject. But a few details in this article made me look at the actual decision, and the specific outcome is much less obtuse than has been implied. Bad facts make bad law, as they say.
Basically two couples went through IVF, created embryos, and those embryos were frozen. Some other patient at the hospital gained access to the lab through an "unsecured" door, opened up the frozen storage container, pulled the embryos out, and promptly dropped them (extreme cold), destroying them. The plaintiffs are looking at the hospital for civil damages, due to the negligence of not securing the storage.
The court's decision seems like a straightforward application of how Alabama's constitution was previously amended regarding the unborn. Philosophically, I do not agree with that amendment - especially as its main aim is as a wedge for preventing straightforward women's medical care in favor of more lethal options.
But I've also got a hard time brushing aside these would-be parents' desire for accountability from the hospital for the deaths of what they had hoped would be their children. In this case the "rights of the unborn" and the rights and desires of the parents were aligned (rather than being in conflict as in most situations of this topic). The hospital should not be allowed to hide behind the standard disclaimers about medical outcomes not being assured, or the vanishing "market value" of tissue samples, to shirk basic responsibility that would have easily prevented the plaintiffs' horrible losses.
I do agree the implications of the decision being available as a precedent aren't great on a few fronts, but that responsibility rests on the constitutional amendment itself.
- icandoit 3y agoMy latest newborn has to have two bracelets and never leave the room. I understand the concern, but would like to push back on the increase in cost and restrictions. Safety-maximalism will maximize expense, we agree on that? As a customer can I opt into a safety/cost ratio from 20 years ago? With today's technology and medicine that would result in affordable abundance.
- mindslight 3y agoI agree with your general point. I just went through something similar myself with a "locked ward" that basically meant I had to precariously balance the cafeteria trays I was carrying to put a disease-ridden phone up to my ear, while seemingly like a trivial speedbump for anybody wanting to get in surreptitiously. But here we're talking about access control for a staff-only area that's being used for longer term storage, which doesn't seem onerous at all. Especially with IVF where they should be taking identification/labeling seriously because people understandably don't want to end up carrying someone else's baby due to mix ups.