Tag: Catholic health care

  • Enact that law

    American Atheists announced a new campaign today – a desperately needed one.

    American Atheists today announced a campaign to enact legislation that would require health care providers to inform patients, insurance companies, and government agencies about any medical procedures and services the provider chooses not to perform because of the provider’s religious beliefs.

    Wouldn’t you think they already had to do that? But they don’t.

    “Patients must be able to make fully informed decisions about their health care,” said Amanda Knief, National Legal and Public Policy Director for American Atheists, and author of the bill. “This legislation would help patients get the information they need to navigate the increasingly complicated—and increasingly religious—health care marketplace.”

    I’ve blogged about this issue a lot, especially in light of the Below the Radar report by the National Women’s Law Center in 2011. It’s about the way Catholic hospitals – just like the ones in Ireland! – deny even lifesaving abortions, and don’t inform their patients that that’s what they’re doing.

    Back to the AA press release:

    There are no state or federal laws or regulations that require health care providers to inform patients of services or treatments a provider will not provide because of the provider’s religious beliefs. Religious hospitals account for more than 17 percent of all hospital beds in the United States, and religiously based hospitals, physicians, and other health care entities treat more than 1 in 6 Americans each year.

    “This is about disclosure, not about forcing providers to do anything they have a religious objection to. If a religiously affiliated hospital or health care provider has some objection to providing birth control, access to cancer therapies that could result in sterilization, mental health services, or blood transfusions, they can continue to opt out of providing those services. What they can’t do is pull a bait and switch on patients and potential patients,” added Knief.

    I blanched at the words “or blood transfusions.” What? They can refuse blood transfusions?

    They can refuse anything, Amanda told me; there’s no law requiring providers to provide all treatments.

    Well that needs to change. The first step will have to be informing the public, and this bill looks like a good first step.

    The proposed legislation would require health care providers to simply provide a list of services they will not perform for religious reason to patients, potential patients, health insurers, and state and federal grant or subsidy programs. The health care providers and insurance issuers would then be required to make that information available online for potential patients.

    American Atheists will work with its 170+ local affiliates and coalition partners to build support for this legislation in both Congress and the 50 states.

    I’m in! Spread the word.

  • This woman is dying before our eyes

    The rest of that article on miscarriage management (or the lack thereof) in Catholic hospitals.

    Some doctors have decided to take matters into their own hands. In the following case, the refusal of the hospital ethics committee to approve uterine evacuation not only caused significant harm to the patient but compelled a perinatologist, Dr S, now practicing in a nonsectarian academic medical center, to violate protocol and resign from his position in an urban northeastern Catholic-owned hospital.

    I’ll never forget this; it was awful—I had one of my partners accept this patient at 19 weeks. The pregnancy was in the vagina. It was over… . And so he takes this patient and transferred her to [our] tertiary medical center, which I was just livid about, and, you know, “we’re going to save the pregnancy.” So of course, I’m on call when she gets septic, and she’s septic to the point that I’m pushing pressors on labor and delivery trying to keep her blood pressure up, and I have her on a cooling blanket because she’s 106 degrees. And I needed to get everything out. And so I put the ultrasound machine on and there was still a heartbeat, and [the ethics committee] wouldn’t let me because there was still a heartbeat. This woman is dying before our eyes. I went in to examine her, and I was able to find the umbilical cord through the membranes and just snapped the umbilical cord and so that I could put the ultrasound—“Oh look. No heartbeat. Let’s go.” She was so sick she was in the [intensive care unit] for about 10 days and very nearly died… . She was in DIC [disseminated intravascular coagulopathy]… . Her bleeding was so bad that the sclera, the white of her eyes, were red, filled with blood… . And I said, “I just can’t do this. I can’t put myself behind this. This is not worth it to me.” That’s why I left.

    From Dr S’s perspective, the chances for fetal life were nonexistent given the septic maternal environment. For the ethics committee, however, the present yet waning fetal heart tones were evidence of fetal life that precluded intervention. Rather than struggle longer to convince his committee to make an exception and grant approval for termination of pregnancy, Dr S chose to covertly sever the patient’s umbilical cord so that the fetal heartbeat would cease and evacuation of the uterus could “legitimately” proceed.

    How’s that for a horror story?

    Dr G also circumvented the ethics committee in her southern Catholic-owned hospital. She opted not to check fetal heart tones or seek ethics committee approval when caring for a miscarrying woman for fear that documentation of fetal heart tones would have caused unnecessary delays. This led to conflict with the nurse assisting her.

    She was 14 weeks and the membranes were literally out of the cervix and hanging in the vagina. And so with her I could just take care of it in the [emergency room] but her cervix wasn’t open enough … so we went to the operating room and the nurse kept asking me, “Was there heart tones, was there heart tones?” I said “I don’t know. I don’t know.” Which I kind of knew there would be. But she said, “Well, did you check?” … I said, “I don’t need an ultrasound to tell me that it’s inevitable … you can just put, ‘The heart tones weren’t documented,’ and then they can interpret that however they want to interpret that.” … I said, “Throw it back at me … I’m not going to order an ultrasound. It’s silly.” Because then that’s the thing; it would have muddied the water in this case.

    The nurse probably could have gotten her fired for that.

    Physicians working in Catholic-owned hospitals in all 4 US regions of our study disclosed experiences of being barred from completing emergency uterine evacuation while fetal heart tones were present, even when medically indicated. As a result, they had to delay care or transfer patients to non–Catholic-owned facilities. Some physicians violated the authority and protocol of the ethics committee to deliver what they considered safe medical care that reflected the standard of care learned in residency. The extent to which this might occur needs to be researched further but may be difficult to assess, because most physicians are not likely to discuss such behavior even in a confidential interview.

    It’s one long horror story.

    H/t ema.

  • Unless it looks as if she’s going to die

    This should make your hair stand on end:

    When There’s a Heartbeat: Miscarriage Management in Catholic-Owned Hospitals. Lori R. Freedman, PhD,corresponding author Uta Landy, PhD, and Jody Steinauer, MD, MAS:

    The findings reported here were not the original focus of our research. In the process of conducting a qualitative study about abortion provision in the clinical practice of obstetrician–gynecologists, we interviewed 30 obstetrician–gynecologists around the United States. During the interviews, which were conducted in 2006, 6 physicians working with or within Catholic-owned hospitals revealed that they were constrained by hospital policies in their ability to undertake urgent uterine evacuation. They reported that Catholic doctrine, as interpreted by their hospital administrations, interfered with their medical judgment. For example, some of them were denied permission to perform an abortion when uterine evacuation was medically indicated and fetal heart tones were still present.

    The Savita Halappanavar situation. It happens here too.

    Catholic-owned institutions and their employees must adhere to medical practice guidelines contained in the “Ethical and Religious Directives for Catholic Health Care Services” (hereafter called “the directives”) written by the Committee on Doctrine of the National Conference of Catholic Bishops.8 The directives state that abortion is never permitted. However, regarding emergency care during miscarriage management, the manual used by Catholic-owned hospital ethics committees to interpret the directives states that abortion is acceptable if the purpose is to treat “a life-threatening pathology” in the pregnant woman when the treatment cannot be postponed until the fetus is viable.9 The experiences of physicians in our study indicate that uterine evacuation may not be approved during miscarriage by the hospital ethics committee if fetal heart tones are present and the pregnant woman is not yet ill, in effect delaying care until fetal heart tones cease, the pregnant woman becomes ill, or the patient is transported to a non–Catholic-owned facility for the procedure.

    Risking the pregnant woman’s life, in other words.

    Obstetrician–gynecologists working in Catholic-owned hospitals described cases in which abortion was medically indicated according to their medical judgment but, because of the ethics committee’s ruling, it was delayed until either fetal heartbeats ceased or the patient could be transported to another facility. Dr P, from a midwestern, mid-sized city, said that at her Catholic-owned hospital, approval for termination of pregnancy was rare if a fetal heartbeat was present (even in “people who are bleeding, they’re all the way dilated, and they’re only 17 weeks”) unless “it looks like she’s going to die if we don’t do it.”

    In another case, Dr H, from the same Catholic-owned hospital in the Midwest, sent her patient by ambulance 90 miles to the nearest institution where the patient could have an abortion because the ethics committee refused to approve her case.

    She was very early, 14 weeks. She came in … and there was a hand sticking out of the cervix. Clearly the membranes had ruptured and she was trying to deliver… . There was a heart rate, and [we called] the ethics committee, and they [said], “Nope, can’t do anything.” So we had to send her to [the university hospital]… . You know, these things don’t happen that often, but from what I understand it, it’s pretty clear. Even if mom is very sick, you know, potentially life threatening, can’t do anything.

    That should be malpractice.

    In residency, Dr P and Dr H had been taught to perform uterine evacuation or labor induction on patients during inevitable miscarriage whether fetal heart tones were present or not. In their new Catholic-owned hospital environment, such treatment was considered a prohibited abortion by the governing ethics committee because the fetus is still alive and the patient is not yet experiencing “a life-threatening pathology” such as sepsis.

    You see what they’re saying there? A situation that will lead to sepsis is not enough, they have to wait until sepsis develops – by which time it may be too late, as it was for Savita Halappanavar.

    This should be a crime. The hospitals should be not just sued but prosecuted.

    Dr B, an obstetrician–gynecologist working in an academic medical center, described how a Catholic-owned hospital in her western urban area asked her to accept a patient who was already septic. When she received the request, she recommended that the physician from the Catholic-owned hospital perform a uterine aspiration there and not further risk the health of the woman by delaying her care with the transport.

    Because the fetus was still alive, they wouldn’t intervene. And she was hemorrhaging, and they called me and wanted to transport her, and I said, “It sounds like she’s unstable, and it sounds like you need to take care of her there.” And I was on a recorded line, I reported them as an EMTALA [Emergency Medical Treatment and Active Labor Act] violation. And the physician [said], “This isn’t something that we can take care of.” And I [said], “Well, if I don’t accept her, what are you going to do with her?” [He answered], “We’ll put her on a floor [i.e., admit her to a bed in the hospital instead of keeping her in the emergency room]; we’ll transfuse her as much as we can, and we’ll just wait till the fetus dies.”

    Ultimately, Dr B chose to accept the patient to spare her unnecessary suffering and harm, but she saw this case as a form of “patient dumping,” because the patient was denied treatment and transported while unstable.

    And this is all because the hospital is Catholic.

    More to come, because I don’t like to make posts too long.

     

  • Left to the Church and its tribunals

    Damn, I missed this – last month a judge dismissed Tamesha Means’s ACLU-backed lawsuit against the US Conference of Catholic Bishops.

    The ACLU immediately appealed.

    A federal judge in Grand Rapids has dismissed a Muskegon woman’s ACLU-backed lawsuit that claimed Catholic anti-abortion doctrine caused her to receive improper care at Muskegon’s Mercy Health Partners before she miscarried in 2010.

    The ACLU immediately filed a notice of appeal to the U.S. Sixth Circuit Court of Appeals.

    Catholic anti-abortion doctrine did cause her to receive improper care – she presented with a miscarriage and they told her to go home and wait. That’s not standard of care, it’s Catholic non-care.

    The ACLU-drafted lawsuit contended Means “suffered severe, unnecessary, and foreseeable physical and emotional pain and suffering” because of policy directives set by the bishops and enforced at Mercy and other Catholic hospitals.

    And risk, wholly unnecessary risk. Remember Savita Halappanavar? That risk.

    Catholic hospitals that obey the ERD refuse to terminate miscarriages as long as the fetus still has a pulse.

    The lawsuit sought damages and  a declaration that the conference’s actions were negligent, “not only to provide a remedy for the trauma she suffered, but also to prevent other women in her situation from suffering similar harm in the future,” in the words of the legal complaint.

    The policies at issue are called Ethical and Religious Directives for Catholic Health Care Services. They prohibit pre-viability pregnancy termination and informing patients that deliberate termination is a medical option.

    Even in the case of a pre-viability miscarriage, when the fetus is doomed no matter what. The stinking “Directives” still say the woman has to wait, even if it kills her. It did kill Savita Halappanavar, and it has killed others whose families didn’t make a stink.

    On Tuesday, June 30, U.S. District Judge Robert Holmes Bell dismissed the lawsuit without a hearing on the evidence. He based his opinion on written briefs submitted by both sides.

    Bell cited two basic reasons for the dismissal:

    • Michigan federal courts have no jurisdiction over the bishops’ conference for policy directives issued by the Washington, D.C.-based organization.
    • It’s improper for courts to interfere in religious doctrinal decisions, which Bell concluded was behind the anti-abortion policy directives. Considering the Muskegon woman’s negligence claim would “impermissibly intrude upon ecclesiastical matters,” the judge wrote in his opinion.

    So churches can run hospitals and they can order the staff to deny life-saving treatment and there’s nothing we can do about it.

    Bell noted that Means still had recourse in the courts to sue doctors or hospitals for medical malpractice if she received inadequate medical care – but not, the judge concluded, to sue a religious organization or officials for their religious doctrine.

    But suing the hospitals one at a time is useless – it’s the policy and the orders that have to be stopped.

    “It is not up to the Court to mandate the larger structural and policy reform to  Catholic hospitals that Plaintiff seeks; that issue is left to the Church and its tribunals,” Bell wrote.

    So the Catholic church can go right ahead and keep telling doctors to kill women in their hospitals.

    According to the lawsuit, Means was 18 weeks pregnant – a little more than four months — in 2010 when her water broke. She made three visits to a Mercy emergency room within a couple of days with pain and other symptoms and was not informed that pregnancy termination was an option. On the third visit, with an infection-induced fever and while about to be discharged again, she delivered a baby who died within three hours.

    The ACLU lawsuit contended that Catholic doctrine incorporated in the bishops’ policy  directives prevented Means from getting appropriate care. The ACLU claims her care was negligent because the policy prevents staff from telling her “that terminating her pregnancy was an option and the safest course for her condition.”

    According to the ACLU, Means was in “excruciating pain,” continuing her pregnancy posed “significant risks to her health,” and she suffered “extreme distress” and an infection that can cause infertility.

    After Means filed her lawsuit, the bishop conference’s president denied that the conference’s church-based doctrines amount to negligence.

    According to that statement, the Catholic Ethical and Religious Directives prohibit abortion but allow operations, treatments and medications for a pregnant woman to treat a “proportionately serious pathological condition,” even if doing so causes the unintentional death of the child.

    Termination is the treatment for a miscarriage with PRM – premature rupture of the membrane. That’s the treatment, and the bishops prohibit it – so the president’s statement is lying bullshit.

    Congress should do something about this, but it won’t. The Feds should do something about it, but they won’t. They’re either scared of religion or in thrall to it, or maybe both.

    Oh well, it’s only women.

  • Firmly prohibited in Catholic hospitals

    This again. The Savita Halappanavar scenario, in the US, in a Catholic hospital. It happens a lot but it seldom gets reported on. This one got reported on because the woman is a nurse. Most women this happens to aren’t nurses or doctors.

    Jennifer had been experiencing heavy vaginal bleeding for over a week when she went to her physician’s office. He told her she was miscarrying and discussed her need for a dilation and curettage (D&C) to stop the bleeding and protect her health. A D&C is a procedure to empty the uterus; the same technique is used for both miscarriage management and abortion.

    Abortion, unsurprisingly, is firmly prohibited in Catholic hospitals (along with contraception, sterilization, most fertility treatments and related services). Care must comply with the Ethical and Religious Directives for Catholic Health Care Services written by the U.S. Bishops.

    That “must” is interesting. “Must” according to whom? The bishops, the Vatican, the hospital administration, the hospital staff, the patients, the law?

    And how is a hospital that “firmly prohibits” normal legal medical procedures a real hospital? Don’t people generally expect the full range of medical treatment at an institution that calls itself a hospital? Very small and/or underfunded and/or struggling ones may not provide all possible medical treatments, but then it’s a matter of “we can’t,” not “we forbid.” What business does a hospital have forbidding normal legal medical procedures? None, in my view.

    Due to her heavy bleeding, Jennifer’s pregnancy wasn’t viable, but there was a chance that the fetus still had cardiac activity. Preferring not to plead with the Ethics Board about the necessity of the doing a D&C, her doctor ordered a transfusion to address her extremely low iron levels from all the bleeding, and advised expectant management, which involved waiting for Jennifer’s body to expel the pregnancy on its own. The transfusion raised her iron levels, but she still wound up in the hospital 12 hours later, as the bleeding continued. She knew she needed a D&C. Unfortunately for her, things did not move quickly in the emergency room.

    There you go – Savita Halappanavar all over again. A D&C is standard of care, but instead Jennifer got something much more risky. Why? Because bishops. Not a good reason. A very bad reason.

    It might not be completely clear to the lay reader — or the typical patient — where Catholic doctrine slowed down her treatment. But it was clear to Jennifer, since she worked in obstetrics. She knew they were trying to make sure the fetus had died before doing the D&C, so the miscarriage treatment would not be perceived by the Catholic hospital’s Ethics Board as an abortion. Jennifer recalled,

    They did so many ultrasounds. They ended up doing, I think, three, although I may have missed one. And I remember telling them over and over again, “This is not a viable pregnancy. I’ve been bleeding enough to need a transfusion for a week. This is not viable.” And they’re like, “Well, we just need to make sure.” And I’m like, “Have you found any cardiac motion?” “No. But we need to check again because maybe we missed it. It’s very early in your pregnancy.”

    They “need” to put the woman in danger because they “need” to check for a pulse in a very early pregnancy. That’s where fanaticism gets you.

    Then there were more problems later in Jennifer’s life because of the transfusions.

    Transfusions present risks. C-sections present risks. Both are necessary and life-saving at times. But Jennifer would have preferred not to endure those risks purely because of the hospital’s religious commitments, especially since those commitments were not her own. Had Jennifer not had so much obstetric knowledge, she would not have necessarily known that in a non-Catholic hospital she would have been offered a D&C at the outset (before the transfusions, before the seven hours of unnecessary ultrasounds). What are the chances that the average patient could understand how Catholic doctrine hindered standard treatment for miscarriage management in this case and caused unnecessary suffering?

    They are slim, and of course the hospitals and their staff don’t tell the average patient that Catholic dogma is fucking up their treatment.

    The burning question from a variety of outside observers of the controversial problem of Catholic hospital expansion in the U.S., including those on both sides of the debate is: If there is really a problem, why don’t we hear it from patients? Why don’t they sue? Where are their voices in this matter? Everyone wants to know including those who defend the U.S. Bishops’ right to restrict care and those who are concerned about patient autonomy and welfare.

    I hope my research collecting patient experiences will shed light on these questions. For now, based on my previous research and Jennifer’s story, I can think of three possible answers: 1) patients who don’t work in obstetric care don’t fully understand how their care was affected by doctrine (i.e. might have differed in a non-Catholic hospital); 2) when patients do understand they don’t want to cast blame on health professionals who were doing their best to care for them given the institutional religious constraints; and/or 3) patients don’t want to be known in their communities for complaining about personal health care experiences that can be highly emotional and potentially stigmatizing.

    Don’t forget 4) the hospitals and the bishops don’t tell anyone.

     

  • A precedent

    More from the Austin Statesman story last December.

    University officials said Friday they didn’t know of another public medical school whose primary teaching hospital is Catholic.

    So, setting a precedent. A very bad precedent.

    Central Health, a public entity, along with the women it serves and doctors it works with, already has had to jump through hoops to accommodate the church, said Meghan Smith, domestic program associate for Catholics for Choice, which supports women’s access to contraception and abortion.

    Ian Smith, a lawyer with Americans United for Separation of Church and State, said future doctors will have to jump through similar hoops. “You have the University of Texas sending public school students to a hospital where … they have to tell their students they are bound by Catholic religious doctrine,” he said.

    It’s just so fucked up. Medical care has to be secular! This should be non-negotiable. “Catholic religious doctrine” should have nothing whatsoever to do with medical care ever ever ever.

    But backers of Proposition 1 — the voter-approved property tax increase that will help pay for the medical school, the teaching hospital site and health care for indigent people — see a partnership that respects patients’ rights and offers full training for doctors while honoring Catholic doctrine.

    But “honoring Catholic doctrine” shouldn’t be a goal of a medical partnership.

    “Seton has long understood that increasing access to great health care for all requires cooperation with non-Catholic organizations, and that tradition of cooperation will continue with the new UT medical school,” said Greg Hartman, a Seton executive who is president and CEO of UMC Brackenridge.

    No that’s not what this is about. It’s the other way around. What it’s about is increasing Catholic control of health care in the US. It’s succeeding at a rapid pace.

    Such juggling of public health care responsibilities with religious restrictions has grown more complex at UMC Brackenridge over the years.

    By the time Seton agreed to operate Brackenridge in 1995, elective abortions were no longer done at the hospital. But voluntary sterilizations were, prompting the Vatican to send several letters to then-Bishop John McCarthy of the Diocese of Austin, instructing him to end the practice. Seton contracted with a private company to perform the procedures at the hospital without using Seton employees.

    So we have the Vatican – which let me remind you is another country – micromanaging medical care in Texas. Fascinating. Why stop there, why not let every country in the world meddle with US health care? Also every religion?

    Bob Ozer, an activist and retired lawyer in Austin, said that outsourcing those procedures to St. David’s is an echo of “separate but equal” segregated treatment.

    “You couldn’t tell blacks they have to go over to St. David’s because they’re black, but here women want to exercise rights to reproductive health care guaranteed by the Constitution and they’re being sent over to another health care provider,” Ozer said. “It’s problematic to have this kind of segregated system that’s segregated just to accommodate the Catholic Church.”

    It is. It’s problematic for medical institutions to accommodate the Catholic church in any way. Yet they’re falling like dominos.