Last month i write Regarding the case of Dr. Kim McMorries, a doctor who is still practicing in Texas, repeatedly used his sperm on his fertilized patients without his consent. Decades later, thanks to the use of consumer DNA test kits, the truth became clear. DNA kits have become popular gifts for Christmas, bringing unpleasant surprises to people news Many patients of McMorries and their adult children.
McMorris is now embroiled in a legal battle with the Texas Medical Council, like a terrible car accident, it is difficult to look away.
When I discussed this case last time, I mentioned that McMorries believed that there is no better defense than a good offense, so I continued to personally sue the Texas Medical Commission, thinking that the state’s statute of limitations prohibits the commission from filing a lawsuit. Take action against him. The regulation stipulates that the Texas Medical Council shall not “consider or handle complaints involving medical treatment provided more than seven years ago.” However, the committee asserts that, in accordance with its guidelines, complaints based on the standard of care used by doctors are actually prohibited after seven years of such care; however, many other illegal activities (which may be related to fraudulent use of your own sperm) Patient impregnation is more closely related) not subject to restrictive regulations. McMorris’ response briefing uses many Venn diagrams to explain the different interpretations of the law.
Despite the large number of Venn diagrams, the court was not convincing and rejected McMorris’s lawsuit against the Texas Medical Board.
Now, we return to the Texas Medical Council’s case against this unfortunate doctor, who obviously still has patients willing to seize the opportunity. After failing to reach a settlement agreement through an informal settlement meeting (ISC) on March 24, 2021, the board of directors filed a complaint with the National Administrative Hearing Office. The complaint stated that “unprofessional or dishonest behavior that may deceive or deceive the public or harm the public.”
McMorries and his lawyer responded to the 83-page…Creative Lawyer earlier this month. The arguments and techniques used in the answer summary are not the arguments and techniques that often appear in your standard summary, or are indispensable in the 1L legal writing course. But I think what measures you have to take to protect the doctor who inserts his own semen into the patient’s body without his patient’s knowledge? You obviously quoted the Texas Constitution, Abraham Lincoln, and Thomas Jefferson. Of course, a large number of Venn diagrams must be used. once again.
Obviously, Thomas Jefferson hates the press
As a background, the Texas Medical Council initially decided to reject the 2020 complaint against McMorries in accordance with the statute of limitations, but it has since regressed. McMorris claimed in the summary of most of his responses that the board did so only because the board had succumbed under pressure from the media. McMorris took full advantage of this and tried to draw this picture: “Imagine the Lady Justice, her blindfold problem and her trained eyes, not on her weight scale, but on the camera. This is Board of Directors.”
On the third page of the abstract, McMorris quoted a lot of Thomas Jefferson, who apparently had some famous anti-newspaper quotes I had never seen before. “I regret the decay that you experienced for our newspapers, and the vicious, vulgar, and vile spirit of the people who wrote for them.” Who knew Jefferson was an early adopter of “Fake News” criticism?
In any case, McMorries cannot use lamestream as an excuse to get out of this predicament. Quoting Jefferson (who had been involved in some disturbing artificial insemination activities) did not help McMorris to get rid of the consequences of his actions.
This “aspect” of his practice
In essence, McMorries offered two defenses for his past actions.One statement is: “The fact remains that the term “anonymous donor” used in the 1980s may and does include the doctor himself. Not only in his practice, but in the entire field.” Fertility fraud expert and McMorris complained people Professor Jody Madera disagree. “It is blatantly wrong to say that’anonymity’ used to include the doctor himself. Anonymity applies to both donors and recipients. In addition, all reproductive medicine doctors who have conducted research on this topic agree that… the use of their own sperm violates nursing Standards undermine the purpose of informed consent and violate medical ethics.”
Second, the brief description states:[McMorries]However, in the 1980s, this aspect of his career was closed. “Although I think this means that it has been a long time since McMurris used his own sperm to inseminate a patient, but this statement sounds like he committed a terrible act. It is indeed “in response to his behavior.” Respect”, this situation repeated until 1989. So there may be many children who don’t even know that they are related to McMorries.
The law is changing
Until DNA tests reveal the truth about certain doctors using their own sperm on patients, there are no specific laws against doctors using their own sperm. Because, why do we have to say not to do this? But now we know. California was the first to pass an anti-fertility fraud law involving these situations. In the past few years, Indiana, Texas, Florida, Colorado and Arizona have followed suit. Similar bills are being passed in the state legislatures of Iowa, New York, Oregon, Pennsylvania, and Washington.The Texas legislature is considering Bill Clarify the statute of limitations applicable to complaints against doctors in Texas.
Hope this practice will never come back. Justice will serve the victims of these doctors, especially the victims including McMorris.
Ellen Trachman is Trachman Law Center Ltd., A law firm based in Denver that specializes in assisted reproductive technology law and is a co-host of a podcast I want to have a baby in you.You can contact her in the following ways firstname.lastname@example.org.