Arizona Gov candidate Kari Lake said her opponent’s “no” vote on a bill meant hospitals would have been allowed to let a baby die following a failed abortion attempt. That would be illegal under current law. The vote on the Arizona law made no legal change
that required a physician to use"all available means and medical skills … to promote, preserve and maintain the life" if a baby emerges alive from an abortion.The legislation gave doctors the flexibility to curtail treatment if they determined that the only result would be to"prolong the act of dying."
But Lake’s suggestion that Hobbs’ vote against this bill meant that she supported intentionally letting a baby die is inaccurate. Laws were already in place that made such actions illegal. Alexander Capron, professor of medicine and law at the University of Southern California, said that with or without the Arizona law, doctors would provide care to a baby.
"All live-born children — whether following a normal labor and delivery, a miscarriage or an abortion — is owed a duty of care by the attending physician that would include all reasonable measures to preserve the baby’s life and maximize its prospects for a healthy life," Capron said. No law legalizes leaving a"baby to die on a cold metal tray," as Lake described, Capron said. Not only is there an ethical duty to provide care, it is backed up by federal law. The 1984 Child Abuse Prevention and Treatment Act aimed to protect children with disabilities, but the protections would apply to"any newborn who has survived an attempted pregnancy termination," Capron said.
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