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- Path: sparky!uunet!think.com!rpi!gatech!pitt.edu!sgast
- From: sgast+@pitt.edu (Susan Garvin)
- Newsgroups: talk.abortion
- Subject: Re: Petey Ny, check reality, try again
- Keywords: risks, surgical procedure
- Message-ID: <1093@blue.cis.pitt.edu>
- Date: 23 Dec 92 00:23:06 GMT
- References: <nyikos.724631548@milo.math.scarolina.edu> <1992Dec22.013755.15156@mnemosyne.cs.du.edu>
- Sender: news+@pitt.edu
- Organization: University of Pittsburgh
- Lines: 54
-
-
- Abortion providers do have the same responsibility to provide
- information to their patients as other doctors do, Mark. The
- court cases that PHoney cites don't have anything to do with
- informed consent in medical terms - they have to do with a
- stae-written script detailing the abortion procedure, fetal
- development, possible complications, and other things. These
- state speeches are designed to discourage abortion, not to
- inform anyone.
-
- If Nyikos thinks that quotes from dissents are relevant,
- then I'll give him one back. (It includes part of the
- text from the Thornburgh decision, rather than the dissent.)
- The following is from Blackmun's dissent in PP v. Casey:
-
- "Thornburgh invalidated biased patient-counseling requirements
- virtually identical to the one at issue here. What we said of
- those requirements fully applies in this case:
- -the listing of agencies in the printed Pennsylvania form presents
- serious problems; it contains names of agencies that well may be
- out of step with the needs of the particular woman and thus places
- the physician inan awkward position and infringes upon his or her
- professional responsibilities. Forcing the physician or counselor
- to present the materials and the list to the woman makes him or
- her in effect an agent of the State in treating the woman and
- places his or her imprimatur upon both the materials and the list.
- All this is, or comes close to being, state medicine imposed
- upon the woman, not the professional medical guidance she seeks,
- and it officially structures - as it obviously was intended to -
- the dialogue between the woman and her physician.
- -The requirements...that the woman be advised that medical
- assistance benefits may be available, and that the father is
- responsible for financial assistance in the support of the child
- similarly are poorly disguised elements of discouragement for
- the abortion decision. Much of this ...,for many patients, would be
- irrelevant and inappropriate. For a patient with a life-threatening
- pregnancy, the 'information' in its very rendition may be cruel
- as well as destructive of the physician-patient relationship. As
- any experienced social worker or other counselor knows, theoretical
- financial responsibility does not equate with fulfillment...
- Under the guise of informed consent, the Act requires the
- dissemination of information that is not relevant to such
- consent, and, thus, it advances no legitimate state interest. -
- 476 U.S., at 763.
- -This type of compelled information is the antithesis of informed
- consent, id., at 764, and goes far beyond merely describing the
- general subject matter relevant to the woman's decision. -That
- the court does not, and surely would not, compel similar disclosure
- of every possible peril of necessary surgery or of simple
- vaccination, reveals the anti-abortion character of the statute
- and its real purpose. Ibid."
-
- Susan
-
-