Catholic hospital's lawyers argue preborn babies aren't people to limit malpractice damages

Image for article: Catholic hospital's lawyers argue preborn babies aren't people to limit malpractice damages

Mister Retrops

Apr 14, 2025

Despite having an ethics policy that upholds the sanctity of life from conception until death, Catholic Health Initiatives-Iowa has suddenly taken the position that an preborn baby isn't actually a person.

A patient who was 34-weeks pregnant arrived at their Mercy One emergency room showing signs of pre-eclampsia. According to her lawsuit, the doctors there dismissed her concerns and sent her home — multiple times.

Her baby didn't survive.

The hospital maintains that it did nothing wrong, but also asserts that if they did make a mistake, it doesn't matter because an unborn baby isn't legally a person, so it can't be the "patient" in a malpractice lawsuit.

'There is no statute or binding case law recognizing an unborn child to be a "patient" under the law,' attorneys for the hospital have told the court, referencing an Iowa Supreme Court ruling in a 1971 case that held 'there can be no recovery of damages on behalf of, or for, a nonexistent person.'

Someone needs to share a Dr. Seuss book with these folks.

The hospital is hoping to limit damages to $250,000, which, according to state law, can only be exceeded if there is "a loss or impairment of mind or body" for the patient. And since the baby isn't considered a person yet, there can be no damage to their mind or body.

As evidence of this, they cite the fact that in 2023 — two years after the Anderson pregnancy — state lawmakers explicitly added 'loss of pregnancy' to the exemption on the cap for damages.

In essence, they're arguing that at the time of the lawsuit, the loss of pregnancy wasn't included, so it shouldn't be considered in the case. I'd love to include a response from the hospital but a spokesman says it won't comment on pending litigation.

What a bad look for a supposedly pro-life hospital.

There are a lot of other ways that Christian hospitals can respond, and defend themselves legally, in cases like this. Undermining their Christian faith (by which I mean turning their back on God) to try to maximize their legal attempts to save money is ... well, I'll let Jesus have the final say on that:

'No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve God and money.'

Matthew 6:24


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