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- Newsgroups: talk.abortion
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!darwin.sura.net!opusc!usceast!nyikos
- From: nyikos@math.scarolina.edu (Peter Nyikos)
- Subject: Re: Petey Ny, check reality, try again
- Message-ID: <nyikos.725154589@milo.math.scarolina.edu>
- Keywords: risks, surgical procedure
- Sender: usenet@usceast.cs.scarolina.edu (USENET News System)
- Organization: USC Department of Computer Science
- References: <nyikos.724631548@milo.math.scarolina.edu> <1992Dec22.013755.15156@mnemosyne.cs.du.edu>
- Date: 23 Dec 92 23:49:49 GMT
- Lines: 164
-
- In <1992Dec22.013755.15156@mnemosyne.cs.du.edu> mcochran@nyx.cs.du.edu (Mark A. Cochran) writes:
-
- >In article <nyikos.724631548@milo.math.scarolina.edu> nyikos@math.scarolina.edu (Peter Nyikos) writes:
-
- >[Whining about his newsserver deleted]
-
- >>_________________________Copy of Cochran Post__________________________
- ["topmatter" deleted]
-
- >>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's .sig deleted, now back to the original attributions, with
- me writing below.]
-
- >>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.
-
- You are confusing two different things: consent forms, and informed
- consent. For the difference, see _Abortion Practice_, by Warren Hern,
- another late-term abortion specialist. Even HE complains about how
- inadequate some of the forms [he gives samples] are. And even his
- "model form" is hilariously inadequate in its listing of possible
- complications due to abortion.
-
- Do you want page numbers, extensive quotes? I'll trade you for
- documentation on the percentage of blastocysts that fail to implant,
- and fail to make it to (1) embryo and (2) fetus. I don't even expect
- you to explain what you mean by a fetus *becoming* a potential child.
- That'll be the subject of some future trade.
-
- >>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.
-
- Heh heh heh. See above distinction.
-
- >>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.
-
- And you emulated her in re the claims about fertilized eggs [sic],
- embryos, and fetuses alluded to above. 'Course, you did say
- "any text on obstetrics," so you are at least marginally better
- than she, from my perspective.
-
- >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.
-
- Heh heh heh heh. Are you trying to goad me into making 1000+ line
- posts no one will touch? That is what I'd have to do to avoid
- cheap Garvinesque shots like the above.
-
- >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.
-
- See third try, above. Care to see a fourth?
-
- Peter Nyikos
-
-