Abortion is the most contentious issue in contemporary medical practice. It
divides medical care practitioner from patient and health care practitioner from
medical care practitioner; it submerges deep ethical problems such as the
destruction of medical care practitioners’ duty of fidelity to their patients; and,
perhaps most troubling, leads medical care practitioners to support legal
positions that are destructive of the privacy of the medical care
practitioner–patient relationship.
Abortion also poses medical malpractice risks because the courts do not give
medical care practitioners a right to veto a woman’s decision to have an
abortion. Even when the courts limit a woman’s access to an abortion, they still
leave the decision to the woman. This becomes a malpractice issue when a
fetus potentially suffers from a genetic disease or congenital anomaly. If a
woman is denied information about the availability of prenatal testing and
abortion, the medical care practitioner may be held liable for the costs of
caring for the damaged infant.