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originally posted by: TrueBrit
I also believe that the person who initially refused to treat this baby, is a Godless bastard.
There are 22 states where this kind of discrimination is illegal.
originally posted by: CranialSponge
a reply to: NavyDoc
Alright, let's set aside the Hippocratic Oath for a minute (because apparently it means diddly squat) and just look at what laws are in place with regards to doctor-patient relationship legalities:
Existing case law conveys the well-established default rule that initiation of the doctor-patient relationship is voluntary for both parties. But there is a catch – physicians are only free to refuse to accept a prospective patient if their reason for doing so is not prohibited by contract (e.g., with their employer or an insurance company) or by law.
And there are several laws at the state and federal level that prohibit certain types of discrimination in the context of offering public accommodations – including discrimination against patients. For example, the Civil Rights Act of 1964 prohibits physicians and hospitals receiving federal funding, including Medicare and Medicaid (so read: nearly everyone), from discriminating against patients on the basis of race, color, religion, or national origin.
Some states have expanded on this to cover medical personnel and health care facilities beyond the funding “hook” and to include additional protected categories. At the height of the HIV/AIDS epidemic, for example, a number of states prohibited licensees from categorically refusing to treat infected patients when the licensee possessed the skill and expertise necessary to treat the condition presented. Some states also have laws and licensing requirements applicable to the medical context that prohibit discrimination on the basis of gender, sexual orientation, marital status, disability, or medical condition.
Harvard Law
So looking a little further, apparently Michigan does not have any sexual orientation discrimination laws set in place with regards to doctor-patient relationships... so it looks like medical practioners are free to discriminate on that particular subject all they want. They cannot legally discriminate if you're black, or green, or Jewish, or Taoist... but if you kiss the same sex, you're S.O.L.
I guess that explains why this doctor was more than happy to send a letter to the parents fully explaining her religiosity against homosexuality with no fear of legal ramification.
So if you live in Michigan, don't be gay... or stay in the closet and pretend your same sex companion coming to the doctor's office with you is just your best pal who's there for moral support.
On the other hand, discrimination based on failure to vaccinate would seemingly run up against no statutory prohibition, assuming the patient’s decision to avoid vaccinations was not rooted in religious belief. Similarly, rejecting a patient for his political views, inability to pay, refusal to abide by medical advice, decision to smoke (or play contact sports?), or other characteristics not protected by law would fall completely within the realm of physician discretion. Note, however, that once the doctor-patient relationship has been established, a doctor who would choose to end that relationship must worry not only about anti-discrimination laws, but also his or her obligation not to abandon the patient.
originally posted by: flammadraco
a reply to: NavyDoc
My bigotry is towards all relgions. Look at what relgion has done to the World, it has held humanity back by thousands of years, and if relgious folk had their own way we'd still be living in the dark ages. Damn right I'm a bigot towards folk who believe the word of shepherds over scientist.
originally posted by: CranialSponge
a reply to: Annee
LOL
The AMA Ethical Code:
"We encourage you not to discriminate. But you know... do whatever your little heart desires. In fact, we no longer even require you to take an oath of ethics because it's just so yesterday."
originally posted by: CranialSponge
a reply to: Annee
There are 22 states where this kind of discrimination is illegal.
When it comes to basic human rights discrimination laws, this is the part that boggles my mind:
You would think that basic human rights for all US citizens would be enforced federally, across the board, from sea to shining sea... no exceptions.
Why would something so paramount to the very definition of a free country, be allowed to be decided on at an individual state level ?
You're a free and equal human being in one state, but not in the state right next to it ??
originally posted by: Annee
originally posted by: CranialSponge
a reply to: Annee
LOL
The AMA Ethical Code:
"We encourage you not to discriminate. But you know... do whatever your little heart desires. In fact, we no longer even require you to take an oath of ethics because it's just so yesterday."
Yep. Apparently, ethics can be suggested, but not forced. You're on your own.
There are 22 states where this kind of discrimination is illegal.
originally posted by: CranialSponge
a reply to: Annee
There are 22 states where this kind of discrimination is illegal.
When it comes to basic human rights discrimination laws, this is the part that boggles my mind:
You would think that basic human rights for all US citizens would be enforced federally, across the board, from sea to shining sea... no exceptions.
Why would something so paramount to the very definition of a free country, be allowed to be decided on at an individual state level ?
You're a free and equal human being in one state, but not in the state right next to it ??
originally posted by: NavyDoc
originally posted by: Annee
originally posted by: CranialSponge
a reply to: Annee
LOL
The AMA Ethical Code:
"We encourage you not to discriminate. But you know... do whatever your little heart desires. In fact, we no longer even require you to take an oath of ethics because it's just so yesterday."
Yep. Apparently, ethics can be suggested, but not forced. You're on your own.
There are 22 states where this kind of discrimination is illegal.
Well said. I like you more and more.
Ethics quite often are a subjective area and they are debated ad nauseaum. One cannot expect someone to do or act in a way one demands so one tries to set guidelines that established a general advice for dealing with complex situations.
originally posted by: SearchLightsInc
I think people on this thread are debating the wrong issue. The question is not "is it right to have gay parents" But rather: "Is is acceptable for a Doctor (Supposedly a highly respected profession) to turn away patients because of their personal beliefs?"
I believe the answer is No. I find it highly unprofessional and this story should be embarrassing for all of those currently involved in the profession. Doctor's are suppose to be some of the most highly educated member's of western society, to turn a baby away because you dont like the baby's family situation is absolutely horrific.
If your personal beliefs mean so much to you, dont take up occupation in a profession that is bound to throw you into the ring with many MANY different types of people, from ALL walks of life.
originally posted by: Annee
originally posted by: NavyDoc
originally posted by: Annee
originally posted by: CranialSponge
a reply to: Annee
LOL
The AMA Ethical Code:
"We encourage you not to discriminate. But you know... do whatever your little heart desires. In fact, we no longer even require you to take an oath of ethics because it's just so yesterday."
Yep. Apparently, ethics can be suggested, but not forced. You're on your own.
There are 22 states where this kind of discrimination is illegal.
Well said. I like you more and more.
Ethics quite often are a subjective area and they are debated ad nauseaum. One cannot expect someone to do or act in a way one demands so one tries to set guidelines that established a general advice for dealing with complex situations.
Yes. I can think from my logic brain
Sometimes you have to turn off the emotional, personal, self-righteous brain. Not that I want to at times like this.
This woman doctor laid down her personal belief judgement --- and now she is being judged in the public arena.
No different then corps like Chick-fil-A, that got picketed.
I hope she's prepared to: "Reap what she sowed".
originally posted by: flammadraco
a reply to: NavyDoc
Nope.... My belief is human rights far supercede any religious rights any day of the week. We are all equal and I don't care what anyone believes in, if it gives them comfort. However that's where it stops, no one has any right to impose their religious dogma on anyone. Folk need to treat their relgion as a male phallace. We all know men have one, but does not mean he has to whip it out in front of everyone!
originally posted by: ScientificRailgun
a reply to: NavyDoc
Thank you for a very thoughtful and reasoned approach to this thread that has had emotions, even mine, running high. I abhor what this doctor did, but you have a very good point that according to current ethics rules, she did nothing wrong.
While I don't entirely agree with those rules, I can see where this could be a personal liberty issue. It's not as if she refused care entirely, she transferred care to another physician, which happens all the time. The key point in this case is that she gave a rather bigoted reason for transfer of care.