New Jersey Supreme Court Rules Doctors Protected From Delivering Ideological Abortion Speech

In a unanimous decision, the New Jersey Supreme Court today ruled that medical doctors do not have to refer to embryos as “existing human beings.”

The case stems from a New Jersey woman who sued a doctor for medical malpractice because she said he failed to inform her at the time of her abortion that the embryo was a “complete, separate, unique and irreplaceable human being.” Rosa Acuna said in her lawsuit that not only was this medical malpractice, but also that the doctor had caused her emotional distress.

In its decision, the New Jersey Supreme Court noted that the instructions Acuna wanted are not part of the norm of the medical profession.

“A physician has a common law duty to provide a woman with material information concerning the medical risks of terminating her pregnancy; however, there is no common law duty requiring a physician to inform a pregnant patient that an embryo is an existing, living human being and that an abortion results in the killing of a family member,” the Court said.