The Truth About the 72-Hour Exception

Originally found on Crooks and Liars, the full story is atMajikthise

Feminist blogger denied emergency contraception, gets pregnant (Can she sue, hivemind?)
Last month, feminist blogger Biting Beaver wrote about a nightmarish experience she'd had with a broken condom and a callous medical system that refused to give her emergency contraception over the counter or by prescription.

Instead of getting medical care during the critical 72-hour window of opportunity, BB was stalled, humiliated, scorned, quizzed, and deceived. A nurse tried to tell her that EC was "the abortion pill" other healthcare providers grilled her about her sexual history and her marital status. Her pharmacy wouldn't sell it to her OTC, her doctor wouldn't call in a prescription, and the local emergency rooms wouldn't give her a 'scrip because she wasn't raped or married.

Pat yourself on the back, culture of life, Biting Beaver is pregnant and she's getting death threats.

The question on everyone's mind tonight is whether a woman could sue a doctor for denying her EC. BB never got to see a doctor because she got the hermetically sealed medical run-around: Her family doctor told her to go to the ER, but when she called the ERs the nurses discouraged her from coming in to see the doctor. No doubt the entire process was engineered so that no one would be held responsible if BB should end up with a serious medial problem (i.e., pregnacy). BB never got to see a doctor, so no doctor was ever in the position to say "I know you have no contraindications, but I won't give you the medicine."

But suppose a doctor examined a patient and ascertained that she had no contraindications and still denied her EC. Could that woman sue if she got pregnant?

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