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- Newsgroups: talk.abortion
- Path: sparky!uunet!sun-barr!cs.utexas.edu!uwm.edu!linac!uchinews!quads!eeb1
- From: eeb1@quads.uchicago.edu (e elizabeth bartley)
- Subject: Re: Medical Enforcers? (Was: Holtsinger on Harassment & Health)
- Message-ID: <1992Nov9.231922.16381@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: eeb1@midway.uchicago.edu
- Organization: University of Chicago Computing Organizations
- References: <92311.065313ADMN8647@RyeVm.Ryerson.Ca> <1992Nov8.064722.10308@midway.uchicago.edu> <1992Nov9.184241.12652@nas.nasa.gov>
- Distribution: na
- Date: Mon, 9 Nov 1992 23:19:22 GMT
- Lines: 53
-
- In article <1992Nov9.184241.12652@nas.nasa.gov>
- dking@raul.nas.nasa.gov (Dan King) writes:
- >In article <1992Nov8.064722.10308@midway.uchicago.edu>
- >eeb1@quads.uchicago.edu (e elizabeth bartley) writes:
-
- >>I've recently made it clear that I support requiring medical approval,
- >>not judicial approval....
-
- >You mentioned this before, and I asked you about it, but either I missed
- >your reply or you missed my question. How is this suppose to work?
- >Currently the medical profession has no such ability to make or
- >enforce legislation. If you allow legislation to determine when
- >abortions are allowed, you are taking it out of the hands of the
- >medical profession. This would leave it up to the judiciary to
- >enforce. So would you ellaborate on how you would write legislation
- >that would keep the judiciary out of the equation?
-
- In an emergency, any doctor qualified to diagnose if a third-term
- abortion is need and to perform one could go ahead and perform one but
- might have to justify the abortion afterwards. (Of course, if he
- doesn't perform one and she dies, there's no "might" about him having
- to justify his lack of treatment.)
-
- In other cases, doctors who are certified qualified to diagnose
- conditions which require an abortion (ask the AMA who; I would guess
- all gynecologists and some others) can diagnose a needed abortion.
- Two opinions (one could be granted over the phone or after looking at
- faxed information if need be) are needed for a legal abortion.
- Barring having accepted a bribe or giving false information to another
- doctor to secure a concerring opinion, the worst he could face (say,
- for routinely certifying every case in which a woman says she wants an
- abortion as a case in which an abortion is medically necessary) would
- be losing his certification to perform or authorize an abortion (with
- a second opinion) without any possibility of having it legally
- questioned afterwards.
-
- This obviously lets the doctors override the laws on abortion at will.
- But I've no reluctance to let them do that, partially because of a gut
- instinct that if the medical profession as a whole feels that strongly
- about the matter maybe they outta be able to and mostly because it
- would be very difficult to stop them from doing so in any case (I've
- been told that there were some hospitals before Roe which routinely
- performed illegal but medically necessary abortions; they were called
- tonsilectomies or appendectomies and nobody involved admitted they
- weren't; a third-term ban would be much harder to circumvent, but not
- impossible ... the doctors could pretend she spontaneously went into
- labor and the best they did to save both killed the fetus).
-
- --
- Pro-Choice Anti-Roe - E. Elizabeth Bartley
- Abortions should be safe, legal, early, and rare.
-
- Cthulhu for President -- when you're tired of voting for the lesser of 2 evils.
-