Doing Harm

Abstract

Under the guise of “protecting the unborn,” anti-abortion and related measures such as feticide laws are being used as the basis for arresting pregnant women and new mothers. It is often the case that the initial disclosure of information that led to the involvement of criminal law, child welfare, or other state authorities has been made by healthcare professionals, including doctors, nurses, and hospital social workers. Pregnant patients—like other patients—should expect that their medical health is a private matter and that healthcare provider–patient confidentiality will be respected. Such disclosures have legal, social, and public health consequences and frequently lead to interventions that are punitive and counterproductive, not protective. This chapter describes the ethical obligations of healthcare professionals, including their duty to advocate for the protection of confidential information and to work to change unjust practices, policies, and laws.