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NJ Supreme Court Rules Favors Physicians About the Need for Explaining Women About Abortion
September 14, 2007 at 3:35 PM
Women Health News
According to court papers, physician Sheldon Turkish in 1996 told Rosa Acuna, who was eight weeks pregnant, that she had to undergo an "immediate abortion" because her pregnancy was causing damage to her kidneys. Acuna charges that Turkish "incorrectly told [her] ... that she was not aborting a human life" when she underwent the procedure, adding that she has experienced psychological trauma, including depression, post-traumatic stress disorder and psychosexual dysfunction, as a result of the abortion.
A trial judge previously had dismissed the case, stating that the U.S. Supreme Court has ruled that a "fetus is not a person," but an appellate court ruled that Acuna could sue for damages involving "a question of medical malpractice."
A three-judge panel of the Appellate Division of the New Jersey Superior Court in April dismissed the wrongful death claim in the lawsuit but wrote that a jury could decide "[w]hat medical information is material and must be disclosed by an obstetrician when advising a patient to terminate a pregnancy and what medical information is material when the patient asks if the 'baby' is already there".
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