A Texas woman who was jailed and charged with murder after self-managing an abortion in 2022 can move forward with her lawsuit against the local sheriff and prosecutors over the case that drew national outrage before the charges were quickly dropped, a federal judge ruled Wednesday.
U.S. District Judge Drew B. Tipton denied a motion by prosecutors and the sheriff to dismiss the lawsuit during a hearing in the border city of McAllen. Lizelle Gonzalez, who spent two nights in jail on the murder charges and is seeking $1 million in damages in the lawsuit, did not attend the hearing.
Texas has one of the nation’s most restrictive abortion bans and outlaws the procedure with limited exceptions. Under Texas law, women seeking an abortion are exempt from criminal charges, however.
Starr County District Attorney Gocha Ramirez and other defendants have argued their positions provide them immunity from civil lawsuits.
Rick Navarro, an attorney for the defense, argued that it was “at worst a negligence case” during the hearing. Ramirez has previously told The Associated Press that he “made a mistake” in bringing charges.
Shouldn’t there be a HIPAA violation here? And Federal law trumps State law
There’s a HIPAA exception for actions that cause a person’s death. And, wrong as they may be, some of those people actually believe the fetus was a person.
Then they shouldn’t be doctors. There is a medical definition for life, and an unborn fetus does not meet that requirement. We can argue all day about personal morals, and whether or not that is a right or wrong assessment, but the fact is that is the current assessment of the medical community and when you’re a doctor you follow those rules. Personal beliefs do not come into it. If they do not like it they can quit.
I think you ended up in the wrong subthread. Whether they quit or not, stay doctors or not, has no bearing on whether their actions are HIPAA violations.