Monday, February 4, 2013
Monday, February 4, 2013

Should life begin at different times depending on the legal context?

How to define when life begins is a question that has plagued societies for centuries. Some view this question in light of religious beliefs whereas others approach it from a purely scientific perspective. Regardless of how the question is framed, it is apparent that varying opinions abound.

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Should life begin at different times depending on the legal context?

POSTED: Thursday, January 31, 2013, 6:00 AM

How to define when life begins is a question that has plagued societies for centuries. Some view this question in light of religious beliefs whereas others approach it from a purely scientific perspective. Regardless of how the question is framed, it is apparent that varying opinions abound.

Many argue as a religious dictate that personhood begins at conception. Some scientists point out in response that many fertilized eggs never become babies. It is also difficult to determine exactly when conception occurred because sperm can survive in a woman’s body for several days, and it may take several more days for a fertilized egg to implant itself on the wall of the uterus.

In the face of religious and scientific debates, the law is called upon to respond. And its responses are not always consistent.

The question of when life begins comes up in a variety of contexts. The most visible one involves abortion and the morning after pill, most recently with regard to the Affordable Care Act’s contraceptive mandate. However, determinations of when life begins arise with regard to other issues, such as in-vitro fertilization and wrongful death lawsuits.

When in-vitro fertilization is performed, is an unused fertilized egg a person? According to Dr. Joseph DeCook, executive director of the American Association of Pro-life Obstetricians and Gynecologists, a fertilized egg is a human life and should be adopted rather than discarded. However, others point out that homes are already difficult to find for the millions of orphans worldwide. And should we then consider it murder to throw away an embryo?

Suits for wrongful death receive relatively less public attention, but they are an important part of the debate, as illustrated by a recent case. A Colorado court considered whether twin fetuses in their seventh month of gestation who died in their mother’s womb could be considered people for purposes of a wrongful death suit against the hospital where the mother was treated. The defendant hospital in this case, St. Thomas More Hospital in Canon City, Colorado, is owned by Catholic Health Initiatives, a non-profit organization that owns over 130 health care facilities in 19 states. It argued that only babies who are “born alive” count as “people” under the law. The court agreed with the hospital, and the plaintiff has now appealed the decision to the Colorado Supreme Court.

The hospital’s argument provoked controversy, because the Ethical and Religious Directives of the Catholic Church, which govern most Catholic hospitals, states, “Catholic health care ministry witnesses to the sanctity of life ‘from the moment of conception until death.’ The Church’s defense of life encompasses the unborn.”

Catholic Health Initiatives released a statement saying, “In this case . . . as Catholic organizations, (we) are in union with the moral teachings of the Church.” However, it did not explain how the union applied.

Two things are clear. First, the law needs more consistent criteria for determining when life begins. It makes little sense that life could begin at conception in one context but not until a baby is born in another. Second, it should not be permissible to pick and choose a definition of life based on the circumstances.

Regardless of which answer is chosen, it shouldn’t vary depending on financial considerations.

Erica Cohen @ 6:00 AM  Permalink | 3 comments
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Comments  (3)
  • 0 like this / 0 don't   •   Posted 9:44 AM, 01/31/2013
    Without reference to the statutory framework under which Colorado grants the right to sue for Wrongful Death, and how the Statutory framework defines the individuals to whom are granted the right to recovery, this article needs work. It is entirely possible that the definition of the "life" stated in the Statute does not include the Plaintiff in the action before the Court. As a Catholic, I am not comfortable with the apparent inconsistency between the Church's position on life and the argument that they are presenting, but as a lawyer, I am also not going to assume that the argument is irrational without including the legal definition of the protected class of Plaintiffs in my analysis.
  • 0 like this / 0 don't   •   Posted 4:41 PM, 01/31/2013
    Argue all you want but life sure as hell starts long before partial-birth abortions occur.
    Boru
  • 0 like this / 0 don't   •   Posted 9:34 PM, 01/31/2013
    Maybe the law isn't suppose to be a part of this argument/equation. It wasn't one of the Ten Commandments, but they were told not to spill their seed outside of the woman. Heterosexual contact was expected, because that can't be done with a same gender "partner."
    ocpizza


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Health care is changing almost before our eyes, and the headlines just scratch the surface. From Obamacare to Medicare to managed care to genomics, the blog reports on and analyzes the laws, government policies, and political trends that are transforming the care we receive and the way we pay for it. The Field Clinic dissects the latest health care news, explaining it and putting it in context.

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Robert FieldRobert I. Field, Ph.D., J.D., M.P.H, professor of law at the Earle Mack School of Law and professor of health management and policy at the School of Public Health at Drexel University. He is the author of Health Care Regulation in America: Complexity, Confrontation and Compromise, a comprehensive overview of the government’s oversight of health care published by Oxford University Press.

Erica Cohen

Erica Cohen, a third-year law student concentrating in health law at Drexel University Earle Mack School of Law. She graduated from the Scripps School of Journalism at Ohio University with a major in online journalism and minors in business and political science. Prior to attending law school, Erica worked for DKMS Americas, the world's largest bone marrow donor center. She currently works as a legal intern in the office of general counsel at a local hospital.

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