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- Newsgroups: talk.abortion
- Path: sparky!uunet!mnemosyne.cs.du.edu!nyx!mcochran
- From: mcochran@nyx.cs.du.edu (Mark A. Cochran)
- Subject: Petey Ny, check reality, try again
- Message-ID: <1992Dec22.013755.15156@mnemosyne.cs.du.edu>
- X-Disclaimer: Nyx is a public access Unix system run by the University
- of Denver for the Denver community. The University has neither
- control over nor responsibility for the opinions of users.
- Keywords: risks, surgical procedure
- Sender: usenet@mnemosyne.cs.du.edu (netnews admin account)
- Organization: Um, err... I *know* I saw it here a few days ago...
- References: <nyikos.724631548@milo.math.scarolina.edu>
- Date: Tue, 22 Dec 92 01:37:55 GMT
- Lines: 151
-
- In article <nyikos.724631548@milo.math.scarolina.edu> nyikos@math.scarolina.edu (Peter Nyikos) writes:
-
- [Whining about his newsserver deleted]
-
- >_________________________Copy of Cochran Post__________________________
- >
- >From: mcochran@nyx.cs.du.edu (Mark A. Cochran)
- >Subject: Re: abortion
- >Message-ID: <1992Dec15.013914.12332@mnemosyne.cs.du.edu>
- >X-Disclaimer: Nyx is a public access Unix system run by the University
- > of Denver for the Denver community. The University has neither
- > control over nor responsibility for the opinions of users.
- >Sender: usenet@mnemosyne.cs.du.edu (netnews admin account)
- >Organization: Um, err... I *know* I saw it here a few days ago...
- >References: <Byqo2M.EE0@mentor.cc.purdue.edu> <1fokv0INN4rt@gap.caltech.edu> <nyikos.724089886@milo.math.scarolina.edu>
- >Date: Tue, 15 Dec 92 01:39:14 GMT
- >Lines: 19
- >
- >In article <nyikos.724089886@milo.math.scarolina.edu> nyikos@math.scarolina.edu (Peter Nyikos) writes:
- >
- >>And BTW, an earlier post on this thread said all pregnancy involves a
- >>risk to life, and asked what the Weaver Nelson probability should be
- >>before abortion is allowed. To which I would reply, that all abortion
- >>involves a risk to life, and what anyone's probability should be
- >>before they will EVEN SUPPORT LAWS MANDATING ABORTIONISTS INFORM WOMEN
- >>OF THE RISKS INVOLVED.
- >>
- >What makes you think the risks are not explained?
- >All invasive medical procedures require informed consent.
- >Informed consent requires that all risks of the procedure be detailed.
- >Care to try again?
- >
- >--
- > Mark Cochran merlin@eddie.ee.vt.edu
- >These are the views of my employer. They also represent the views of
- >your employer, your government, the Church of your choice, and the
- >Ghost of Elvis. So there.
- >____________________________End of post______________________________
- >
- >My second try:
- >
- >Chief Justice Burger, dissenting in 476 US at 783:
- >
- > The extent to which the Court has departed from the limitations
- > expressed in *Roe* is readily apparent. In *Roe*, the Court
- > emphasized
- > "that the State does have an important and legitimate
- > interest in preserving and protecting the health of the
- > pregnant woman..." *Id., at 162.
- >
- > Yet today the Court astonishingly goes so far as to say that the
- > State may not even require that a woman contemplating an abortion
- > be provided with accurate medical information concerning the risks
- > inherent in the medical procedure which she is about to undergo
- > and the availability of state-funded alternatives if she elects
- > not to run those risks. Can anyone doubt that the State could
- > impose a similar requirement with respect to other medical
- > procedures? Can anyone doubt that doctors routinely give similar
- > information concerning risks in countless procedures having far
- > less impact on life and health, both physical and emotional than
- > an abortion, and risk a malpractice lawsuit if they fail to do so?
- > Yet the Court concludes that the State cannot impose this
- > simple information-dispensing requirement in the abortion context
- > where the decision is fraught with serious physical, psychological,
- > and moral concerns of the highest order.
- >
- >Update: this part of *Thornburgh* was overturned in *Casey*, but I do
- >not know of any state law except the Pa. law that was upheld, that now
- >requires abortionists to inform patients of the risks. There is NO such
- >law in South Carolina, thanks in part to the head honcho [I forget his
- >exact title], male, of the SC ACLU, who stated in testimony to the SC
- >state legislature that such provisions are unconstitutional, and the
- >bill died as a result of delaying tactics by him and other pro-choicers and
- >pro-aborts.
- >
- >Knowing how tenacious Mark and other pro-choicers can be, I imagine they
- >would tough it out by claiming that Mark made no claims as to *legal*
- >requirements, only ethical ones, the risk of a lawsuit being ever-present.
- >
- Almost correct for a change Petey. I'm not a lawyer, so I don't speak
- from a legal perspective. I do, however, speak from a medical
- perspective. And the simple fact of the matter is that any invasive
- procedure such as this is *always* done only after informed consent is
- given. If you dispute this, then lets see some documentation. Consent
- forms are part of the permanent medical record, so anyone who didn't
- sign one would have an easy time proving it.
-
- >These people should, however, recall how aggressively Susan Garvin spoke
- >when I spoke of actual life-threatening malpractice by Ismail Elguindi,
- >saying I'd better be praying that my information be correct because
- >NUISANCE LAWSUITS BEGET LAWSUITS against the one bringing them to court.
- >How is a woman supposed to document the fact that the information was
- >withheld from her? Chris Lyman figuratively snarled at me because I
- See the above Petey. Consent forms are required by law to remain a
- part of the permanent medical record. It's incredibly easy to show
- whether informed consent was given or not.
-
- >happened to be "wrong"--at least according to the court decision--about
- >a Native American woman being withheld information about an actual
- >ovarian cancer. And another pro-choicer (or was he a pro-abort?)
- >said *drool* over the prospect of curbs being put on
- >
- > SLEAZY ANTI-CHOICE LAWYERS.
- >
- >I wonder, by the way, whether Larry Margolis can provide the place where
- >the following passage from _Aborted Women, Silent no More_ was, in his
- >words, "thoroughly refuted". The passage goes a bit further than Burger
- >in the above dissent in certain aspects of the "doctor-patient
- >relationship."
- >
- > Third, abortion is the only surgery for which the surgeon
- > is not obliged to inform the patient of the possible risks
- > of the procedure, or even of the exact nature of the procedure.
- > Indeed, abortion providers are the only medical personnel who
- > have a "constitutional right" to withhold information, even
- > when directly questioned by the patient. ^^^^
- > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
- > [Citations to *Akron* and *Thornburgh* follow. Of course, this was before
- >this year's *Casey* decision.]
- >
- > This right is supposedly granted so that "conscientious physicians"
- > might "protect" women from being frightened by the risks they
- > face or upset by what the abortion procedure will do to their
- > unborn children. Unfortunately, this "right" to control and
- > censure the information which is given to women also allows
- > paternalistic control, manipulation, and deceit. *Abortion* *is*
- > *the* *only* *medical* *procedure* *for* *which* *legal* *and*
- > *medical* *codes* *deny* *the* *patient* *the* *right* *to*
- > *informed* *consent*. [p.234] [italics in the original
- > for starred words]
- >
- >I'd like to see Adrienne Regard's reaction to the above. To read her
- >posts, you'd think women had no need of such information because
- >they can find out all THEY CARE to know without such paternalistic
- >laws. No hint of where, except the library. No lists of books or
- >authors for suggested reading.
- >
- So your entire arguement is based on a legal decision the current
- standing of which you don't know. And nowhere do you provide any
- evidence that any praqctitioner has ever failed to provide for
- informed consent prior to an abortion.
- You're whining about something which *could* happen, if your
- information is correct. But you fail to show that it ever *has*
- happened.
- Try again Petey.
-
- --
- Mark Cochran merlin@eddie.ee.vt.edu
- These are the views of my employer. They also represent the views of
- your employer, your government, the Church of your choice, and the
- Ghost of Elvis. So there.
-