Beyond Problematic: Dr’s lying to patients in Kansas

I don’t have any special expertise in politics and even less in medical ethics, but thankfully some issues don’t require it.

“Arizona and Kansas are considering bills that would ban lawsuits in cases where doctors fail to warn their patients about birth defects… the Kansas provision, part of a sweeping, 69-page anti-abortion bill, would allow physicians to lie to women who might otherwise terminate their pregnancies.” Full article here.

They are attempting to make it consequence-free (read: legal) for doctors to lie to their patients about their health without oversight or fear of consequence.

This law is beyond problematic for many reasons (it decimates the patient-client relationship in ways that fall along gender lines; in practice it will have class implications; even people who are extremely anti-choice probably don’t want there doctors to deceive them), but here is one of the less intuitive ones:

It literally prioritizes the fetus over the baby. Many anti-abortion efforts have this effect, but here it is particularly stark. Imagine a fetus that will be born with a defect that will only allow it live outside the womb for a brief period of time in extreme pain.

This provision is aimed at making it possible for that fetus to be born at all costs, irregardless of what that means for the actual baby (let alone the uterus-possessing person who will then be responsible for it).

Plus there is this: Cobbs v. Grant, “The patient, being unlearned in medical sciences, has an abject dependence upon and trust in his physician for the information upon which he relies during the decisional process, thus raising an obligation in the doctor that transcends arms-length transactions.”

Courts, gender issues and legislators aside here is an article that thinks more deeply about the issue of lying to patients from a medical perceptive: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2673833/