Thursday, December 7, 2023

Two new Supreme Court cases ask if there is a right to medically necessary abortion

So, in the sad case where a patient is forced to choose between an abortion, which would stabilize their own medical condition, or a treatment that would save their fetus but leave them at risk, EMTALA requires a hospital to offer the patient either treatment and to explain the terrible choice the patient must make. And then it requires the hospital to honor the patient's choice. 

What EMTALA does not do is express a preference between treating a pregnant patient or treating that patient's "unborn child." That choice rests with the patient and the patient alone (or, if the patient is unable to make this decision, with "a person acting on the [patient's] behalf," such as their next of kin)…

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