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.
Incarcerated pregnant women are shackled while giving birth and routinely separated from their children immediately, which in many states leads to permanent termination of parental rights.
With good planning and good will, medical professionals’ right of conscience and patients’ rights to controversial services can be both protected and accommodated.
An overview of Maine's pilot program to reduce the practice of defensive medicine in certain specialties by assuring legal protection for doctors who follow particular guidelines and discussion of why it was not used in malpractice litigation.
AMA J Ethics. 2018;13(11):792-795. doi:
10.1001/virtualmentor.2011.13.11.pfor1-1111.
Melissa Weddle, MD, MPH and Patricia K. Kokotailo, MD, MPH
Physicians should honor confidentiality whenever possible when screening and treating adolescents for sensitive health conditions such as substance abuse.