Brownfield v. Daniel Freeman Marina Hospital
DeVry University
Professor Scarlett

October 10, 2013

Brownfield v. Daniel Freeman Marina Hospital
The expansion of religious hospitals and health systems has a significant impact on access to health services-the scope of services available at religiously affiliated hospitals, health clinics, or HMOs is determined by the dictates and principles of that religion, not by medical guidelines or the needs of the community it serves. Healthcare delivery at Catholic health systems is governed by the Ethical and Religious Directives for Catholic Healthcare Services (Directives), a document developed and promulgated by the U.S. Conference of Catholic Bishops. The Directives address general principles governing the nature of patient-physician relationships, business relationships between secular and Catholic health facilities, and employer-employee relations. They contain very specific instructions on which reproductive health and end of life services may or may not be provided at a Catholic health facility.
As the Washington State Legislature declared, approximately 38 percent of women in Washington are raped in their lifetimes – a rate 20% higher than the national average.17Given these staggering figures, Washington and Oregon have determined that hospitals should provide basic, standard medical care to the girls and women who seek emergency care in these states after a rape. This requirement is standard healthcare; it comports with medical ethics and laws that require informed consent to medical treatment; 18 and it ensures that women’s fundamental rights to use birth control are protected when seeking care after a rape.19 Finally, and significantly, it ensures that the healthcare system works to address rape trauma, rather than compound