Qualifying conscience protections for institutions with requirements that they minimize hardship caused to the patient would prevent religious institutions from acting as a choke point on the path to services.
If employees of religious institutions whose consciences conflict with those of their employers were to be granted legal protection for positive claims of conscience, the religious freedom of institutions within which they work would be gravely compromised.
With good planning and good will, medical professionals’ right of conscience and patients’ rights to controversial services can be both protected and accommodated.
A growing number of states is enacting laws to protect the right of health care workers to conscientiously object to perform certain services that are morally opposed to.
A summary of the legal cases that have set precedence for the rights of physicians and surrogates when life-sustaining treatment is withdrawn from patients who cannot make the final decision for themselves.
Lynn P. Freedman, JD, MPH, Rana E. Barar, and Ann M. Drobnik, MPH
Physicians should play a critical role in expanding access to reproductive health choices for women, including the choice to give birth under the care of a midwife.
When a pregnant woman is knowingly causing harm to her unborn child, there are various legal interventions that can be taken to protect the rights if the fetus.
Physicians are obligated in many jurisdictions to perform life-sustaining treatments on premature infants with serious developmental or physical impairments, even if it goes against the parents' wishes.