Miranda Warnings for Abortion Patients? Disclosure and Confidentiality in the Era of Dobbs

October 28, 2022 -
12:00pm to 2:00pm

Rebecca Gomperts, MD, MPP, PhD
Founder and Director, Women on Waves and Women on Web

Lynn Paltrow, JD
Executive Director, National Advocates for Pregnant Women

Dan Arshack, JD
Managing Partner, Arshack, Hajeck & Lehrmann

Jorge Luis Rivera Agosto, JD, MS
Associate Counsel, New York State Senate

Sameer Ladha, JD, MS
Deputy Academic Director and Lecturer, Bioethics Masters Program, Columbia University

David Hoffman, JD
Assistant Professor of Professional Practice in Bioethics, Columbia University

Abstract: This symposium will consider the legal and ethical obligations of clinicians to minimize the amount of information solicited from patients seeking abortions, in order to minimize the legal peril faced by patients, if their abortion-related treatment records are subpoenaed by prosecutors. In treating patients from anti-abortion states, where access abortion is either restricted or prohibited, should clinicians be advised by their lawyers or their employers to give a version of the MIRANDA warning (“You have the right to remain silent, anything you say can and may be used against you in a court of law”) to patients before taking a medical history related to pregnancy, abortion or miscarriage? Should states that recognize the legal right to abortion revise their medical confidentiality statutes to place the protection for confidentiality for reproductive services on the same level as attorney client privilege, as New York has done for Psychologists, through CPLR section 4507?

Sponsored by the Columbia University, Bioethics Program

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Location and Address

Online