Ohio Supreme Court Rejects Appeal For Minors' Abortion Records From Planned Parenthood Clinic

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice;  Pediatrics / Children's Health
Article Date: 29 Jan 2008 - 8:00 PDT

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Last week, the Ohio Supreme Court declined to hear a case by a 4-3 vote that sought to release records of minors who had obtained abortions for the past 10 years at a Cincinnati clinic operated by Planned Parenthood Southwest Ohio Region, the Cincinnati Enquirer reports. Parents of a 14-year-old girl filed a lawsuit against the clinic for violating the state's parental consent law, which requires an unmarried minor to obtain the consent of at least one parent before undergoing an abortion.

The suit alleges that a 21-year-old man impregnated their daughter and that the daughter gave the man's cell phone number to the clinic, saying that her father could be reached at that number. Whether PPSOR called that number is in dispute, according to the Enquirer. The suit charges that the girl did not give informed consent and that the clinic failed to report suspected child abuse. The family was seeking the abortion records of other clinic patients in an effort to prove that the clinic had a pattern of violating the law (Coolidge, Cincinnati Enquirer, 1/25).

The decision upholds a lower court ruling that denied the records to lawyers of the family. Hamilton County Common Pleas Judge Patrick Dinkelacker in June 2006 had agreed to the request, but a three-judge panel of the 1st Ohio District Court of Appeals ruled that the other minors' records were not necessary for the lawsuit (Daily Women's Health Policy Report, 8/28/07). In addition, the appellate court said there was no evidence that PPSOR purposely evaded legal obligations.

Brian Hurley, a lawyer representing the girl's family, said he will ask the state Supreme Court to reconsider hearing the case. Becki Brenner, CEO and president of PPSOR, said, "I'm very pleased the court recognized the importance of privacy and confidentiality of medical records, especially as it relates to patients not involved in pending legal actions" (Cincinnati Enquirer, 1/25).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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