Denial of Access to Contraception and Abortion Information and Supplies as Violations of the Standards of Care for Women

Standards of care indicate the level of clinical practice endorsed by scientists and clinicians which are grounded in evidence from investigations of a particular area of practice. The term standard of care is also used in the medical liability context to reflect existing community practice. The standards of care discussed in this paper refer to those created with the intent of enhancing the quality of health outcomes rather than assessing liability. These standards are produced and disseminated by leading health care bodies including the U.S. government, medical and nursing professional associations, and international health care bodies.

This paper presents the findings of a report comparing the generally accepted standard of care for certain medical conditions women face with the health care provided at institutions where care restrictions exist or by providers who make decisions based on the allowance of broad-based refusal clauses. Two types of care are reviewed, specifically access to, and information regarding, contraception and abortion. Medical conditions necessitating such care are addressed including ectopic pregnancy, premature rupture of membranes, diabetes, and the use of medications known to be contraindicated in pregnancy. The paper concludes with a discussion of the implications of substandard care on women's health.