A three-judge New Jersey appeals court panel agreed unanimously Friday that doctors must inform a pregnant woman of all relevant information regarding her unborn child when she contemplates getting an abortion. The question arose after a New Jersey abortionist told Rosa Acuna that her first-trimester fetus was not a human being. The child was subsequently aborted, and Acuna filed suit with funding support from ADF.
"Doctors are required to provide their patients with the facts," said ADF Senior Counsel Gary McCaleb. "Also, if youve ever looked at a picture of a first-trimester baby, you know you dont need some expert to tell you its a human being. Sidestepping the truth as this abortionist did--calling the baby "just some blood"--led to the death of an innocent unborn child. We are pleased Mrs. Acuna will have a chance to seek justice for herself and her baby before a jury."
In 2001, Acuna agreed to an abortion at the recommendation of her regular gynecologist, whom she visited for abdominal pain. According to Acuna, who was in her first trimester, her inquiry about whether a baby "was there yet" was met with, "Dont be stupid, it is just some blood." The doctor, Sheldon Turkish, acknowledged he would have told her it was nothing more than the removal of "tissue."
Three weeks later Acuna was rushed to a hospital after experiencing severe hemorrhaging, at which time she was told by a nurse that Turkish "left part of your baby in you."
"This case confirms the importance of telling women the truth about their unborn babies," said McCaleb. "That is why state laws--like Floridas Womans Right to Know Act that was upheld by the state supreme court yesterday--are so vital."
ADF-allied attorney Harold J. Cassidy is Acunas attorney. The opinion issued by the Superior Court of New Jersey, Appellate Division, in the case Acuna v. Turkish may be viewed at www.telladf.org/UserDocs/acuna.pdf. The decision upholding the Florida right-to-know law may be viewed at www.floridasupremecourt.org/decisions/2006/sc04-2186.pdf.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
Source: Alliance Defense Fund
