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tazzygirl -> RE: Nope, there is no GOP "war on women". (3/15/2012 2:16:53 AM)
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quote:
But, we are not talking about negligence here. We are talking to the OP that links to a position paper saying this legislation is about a GOP war on women and has the specific intension of encouraging and letting doctors lie to parents to prevent an abortion of a defective fetus. Based on what you and I have written and read this is not the case.
New Sec. 10. (a) No civil action may be commenced in any court
for a claim of wrongful life or wrongful birth, and no damages may be
recovered in any civil action for any physical condition of a minor that
existed at the time of such minor’s birth if the damages sought arise out of
a claim that a person’s action, or omission, contributed to such minor’s
mother not obtaining an abortion
"Claim of wrongful birth" means a cause of action brought by a
parent, legal guardian or other individual legally required to provide for
the support of a minor, which seeks damages, whether economic or
noneconomic, as a result of a physical condition of such minor that existed
at the time of such minor’s birth, and which is based on a claim that a
person’s action, or omission, contributed to such minor’s mother not
obtaining an abortion.
"Claim of wrongful life" means a cause of action brought by, or
on behalf of, a minor, which seeks damages, whether economic or
noneconomic, for such minor as a result of a physical condition of such
minor that existed at the time of such minor’s birth, and which is based on
a claim that a person’s action, or omission, contributed to such minor’s
mother not obtaining an abortion.
Sec. 14. K.S.A. 2011 Supp. 65-6703 is hereby amended to read as
follows: 65-6703. (a) No person shall perform or induce, or attempt to
perform or induce an abortion when the unborn child is viable unless such
person is a physician and has a documented referral from another
physician not legally or financially affiliated with the physician
performing or inducing, or attempting to perform or induce the abortion
and both physicians provide a written determination, based upon a medical
judgment arrived at using and exercising that degree of care, skill and
proficiency commonly exercised by the ordinary skillful, careful and
prudent physician in the same or similar circumstances and that would be
made by a reasonably prudent physician, knowledgeable in the field, and
knowledgeable about the case and the treatment possibilities with respect
to the conditions involved, that: (1) The abortion is necessary to preserve
the life of the pregnant woman; or (2) a continuation of the pregnancy will
cause a substantial and irreversible physical impairment of a major bodily
function of the pregnant woman. No condition shall be deemed to exist if
it is based on a claim or diagnosis that the woman will engage in conduct
that would result in her death or in substantial and irreversible physical
impairment of a major bodily function.
Except in the case of a medical emergency, a copy of the written
documented referral and of the abortion-performing physician's written
determination shall be provided to the pregnant woman no less than 30
minutes prior to the initiation of the abortion. The written determination
shall be time-stamped at the time it is delivered to the pregnant woman.
The medical basis for the determination shall also be reported by the
physician as part of the written report made by the physician to the
secretary of health and environment under K.S.A. 65-445, and
amendments thereto. Such determination shall specify:
(1) If the unborn child was determined to be nonviable and the
medical basis of such determination;
(2) if the abortion is necessary to preserve the life of the pregnant
woman and the medical basis of such determination, including the specific
medical condition the physician believes would cause the death of the
pregnant woman; or
(3) if a continuation of the pregnancy will cause a substantial and
irreversible physical impairment of a major bodily function of the pregnant
woman and the medical basis of such determination, including the specific
medical condition the physician believes would constitute a substantial and
irreversible physical impairment of a major bodily function of the pregnant
woman.
(j) (1) Prior to a woman giving informed consent to having any part
of an abortion performed or induced, if the pregnancy is at least 10 weeks
from the first day of the last menstrual period, the abortion provider who
is to perform or induce the abortion, a certified technician or another
agent of the abortion provider shall, using a hand-held doppler fetal
monitor, make the embryonic or fetal heartbeat of the unborn child audible
for the pregnant woman to hear.
http://kslegislature.org/li/b2011_12/measures/documents/hb2598_00_0000.pdf
So, as long as the woman doesnt "claim" she would have sought an abortion, the Doctors will still be liable? This is your claim, that this is all it will do? Perhaps you should read the bill instead of listening to talking points.
Here is the problem with all this. According to Roe vs Wade, states cannot restrict abortions until the age of viability. So, now the question becomes... who will trump, states or federal laws?
Only to save the mother's life, a vital organ, or in the case of fetal demise is an abortion allowed.. at any time. Why is the state allowing Doctors to "omit" information from their patients?
quote:
arise out of a claim that a person’s action, or omission, contributed to such minor’s mother not obtaining an abortion
You can only omit what you know.. not what you dont know. The OP is correct.
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