Quote (gnarjay @ 27 Feb 2024 18:04)
it means the above, yes but there is no distinction re: the destruction of the embryo. fertility clinics can be held criminally liable for the destruction of the embryo
whether it is intentional or not, meaning that if the IVF treatment fails (which it does around 60% of the time) doctors and medical facilities can still be sued/held legally liable in a wrongful death suit. this is why myriad IVF clinics and doctors in Alabama are no longer offering the service. it seems that some lawmakers in the state are introducing a bill to protect medical providers in case of accidents
https://legiscan.com/AL/text/SB159/id/2942271You seem to be indicating that doctors are being convicted for IVF failing, which is outside of their control. Has this happened, even a single time?
Also, I'm definitely not a fan of the bill you posted, here's why:
Code
Section 1. (a) Notwithstanding any provision of law,
including any cause of action provided in Chapter 5 of Title
6, Code of Alabama 1975, no action, suit, or criminal
prosecution shall be brought or maintained against any
individual or entity providing goods or services related to in
vitro fertilization except for an act or omission that is both
intentional and not arising from or related to IVF services.
So the act has to be both intentional AND not arising from or related to IVF services? Any handling of an embryo at all is related to IVF services. That simply gives blanket immunity for pretty much everything. Why would any rational person support that?
I'd rather wait out some case law to see if frivolous lawsuits arise where patients are "blaming" doctors for an embryo failing when all good faith measures were taken. I suspect precedent would protect the doctors pretty fast from anything other than intentional destruction of embryos. To try to "protect" doctors by providing blanket immunity, enabling them to do whatever the fuck they want is pretty stupid.
You know why this issue is even a thing, right? Lot of women, especially prior to cancer treatments or whatnot that will make them permanently infertile, have their ovum frozen or have them fertilized and the embryo frozen so that even though they themselves may no longer be capable of giving birth, they can use surrogacy if they find a willing donor to still have a child later. A whole shit ton of embryos and ovum went "missing" without their respective "owners" (who pay a FUCKTON of money for that service, btw) even being notified. Most lawsuits arising from "embryos gone missing" that I've seen have been perfectly valid. Person pays a shit ton of money for their embryo to be stored, and the clinic just tosses the shit in the trash like, "Oh, they'll never want to use it." Um... Excuse me? That violates the most basic consumer protection laws.