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HAS 4400. Reproductive Issues Chapter 14 Miller/Hutton. Contraception. Adults 1965 Griswold v. Connecticut Minors 1980 Doe v. Irving, 1985 Jane Does v. Utah Dept of Health Litigation (Product liability, inadequate warning of risks) Negligently prescribe a contraceptive

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Has 4400

HAS 4400

Reproductive Issues

Chapter 14 Miller/Hutton


Contraception

Contraception

  • Adults

    • 1965 Griswold v. Connecticut

  • Minors

    • 1980 Doe v. Irving, 1985 Jane Does v. Utah Dept of Health

  • Litigation (Product liability, inadequate warning of risks)

    • Negligently prescribe a contraceptive

    • Negligently insert a contraceptive device

    • Fail to give adequate information concerning potential side effects

    • Fail to monitor a patient at risk


Voluntary sterilization

Voluntary Sterilization

  • Adults

  • Spousal Consent

  • Minors (varies from state to state)

    • Getting a court order would be prudent

    • Federal funds cannot be used to sterilize minors.

  • Conscience Clauses


Involuntary sterilization

Involuntary Sterilization

  • 1st group “Eugenic” Sterilization

    • Individuals believed to transmit hereditary defects.

    • Most states have repealed.

  • 2d group

    • Severely retarded, Sexually active, unable to use other forms of contraception and unable to care properly for their offspring.


Assisted conception

Assisted Conception

  • Artificial Insemination

    • Spousal consent

    • Donor is not responsible for child support

  • Surrogate Mothers

  • In Vitro Fertilization

    • 1983 California couple die in Chile, 2 frozen embryos in Australia

    • 1989 Tennessee divorce dispute


Abortion

Abortion

“premature expulsion of the products of conception from the uterus.”

1973 Roe v. Wade

due process clause – 14th Amendment

3 stage analysis

1st trimester-right of privacy precludes state regulation of abortions

End of 1st trimester – viability: states could regulate to protect maternal health

After viability states had a compelling interest in the life of the unborn child.


Has 4400

Parties with interest in abortion

Other

Parent

Religious

Leaders

GrandParents

Activists

HC

Administrators

Educators

Fetus

Insurers

The

Media

Taxpayers

Government

Officials


Partial birth abortion ban act

Partial-Birth Abortion Ban Act

President Bush signed the Act into law on November 5, 2003

The bill bans "partial-birth abortion,"

it legally defines a partial-birth abortion as any abortion in which the baby is delivered "past the [baby's] navel . . . outside the body of the mother," OR "in the case of head-first presentation, the entire fetal head is outside the body of the mother,“

The bill allows the method if it was ever necessary to save a mother's life. 


Other terms for pba

Other terms for PBA

  • "dilation and extraction"

  • "intact dilation and evacuation"

  • "intact dilation and extraction" 


Has 4400

Partial Birth Abortion

Artwork by Tanja Butler, used courtesy of Heathers Place, 505-521-0105, [email protected]


Has 4400

Partial Birth Abortion

Artwork by Tanja Butler, used courtesy of Heathers Place, 505-521-0105, [email protected]


Has 4400

Partial Birth Abortion

Artwork by Tanja Butler, used courtesy of Heathers Place, 505-521-0105, [email protected]


Has 4400

Partial Birth Abortion

Artwork by Tanja Butler, used courtesy of Heathers Place, 505-521-0105, [email protected]


Has 4400

Partial Birth Abortion

Artwork by Tanja Butler, used courtesy of Heathers Place, 505-521-0105, [email protected]


The arguments continue

The arguments continue.

  • June 2004: U.S. District Judge Phyllis Hamilton issued a permanent injunction against enforcement of the ban with respect to the groups that filed that lawsuit. 

  • August 26, 2004: U.S. District Court in the Southern District of New York issues ruling.  

  • September 8, 2004: Federal court in Nebraska issues permanent injunction.


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Yearly abortion data from CDC

  • In thousands

  • 4 Per 1000 ages 15 - 44

  • 6 Missing data from Alaska, California, New Hampshire and Oklahoma.


Prenatal testing and genetic screening

Prenatal Testing and Genetic Screening

  • Amniocentesis

  • Blood test for metabolic disorders (phenylketonuria)


Wrongful conception birth life suits

Wrongful: Conception, Birth, Life Suits

  • Wrongful conception

    • Unwanted pregnancy results from medical negligence

    • A fetus with a genetic defect is conceived after the parents were not informed or were misinformed of the risk of the genetic condition.


Wrongful conception birth life suits1

Wrongful: Conception, Birth, Life Suits

  • Wrongful conception

  • Wrongful birth

    • Birth follows medical negligence

    • Unsuccessful sterilization or abortion

      • Were not informed of risks

      • Were promised a successful procedure

      • Procedure was performed negligently

    • Abnormal child who would have been aborted if parents had known of abnormality

      • Were not advised of possibility of condition and availibility of tests

      • Were told there is no risk

      • Testing was negligent


Wrongful conception birth life suits2

Wrongful: Conception, Birth, Life Suits

  • Wrongful conception

  • Wrongful birth

  • Wrongful life

    • Children with genetic defects claiming they were injured by being born.


Who gets the money

Who gets the money?

The state of Utah has received a Medicaid block grant from the federal government for $3,000,000. The stipulation to the grant is that the funds must be used for one program to benefit a targeted group of patients. Once that targeted group is identified the funds cannot be used for another purpose. Two agencies have submitted grant proposals to the use of the money.

The first agency has developed a plan which will ensure that all children under the age of five will receive immunization against major childhood diseases and virtually eliminate the existence of diseases such as measles, whooping cough, chicken pox, etc. throughout the state for the next decade.

The second agency has developed a proposal that will provide definitive medical care and hospice services to all AIDS patients in Salt Lake County for the next fiscal year.


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