Re: Difficult Case Microcephaly

From: Robert J. Carpenter, Jr. MD, JD (zygote@icsi.net)
Sun Dec 30 16:22:15 2007


One can not go back to Roe only. Planned Parenthood v Casey (1989) is perhaps more instructive. The capability for termination is limited to the time that a child is not likely to exist outside the uterus. That has been construed by many to be 24 wks gestation (not 24 weeks from conception). Why and how termination (electively) has been allowed by Kansas/Colorado to 27-28wks has always been an interesting issue for me. If true termination to save the life of the mother is required, then one could theorectically do that to term. The practical issue is that delivery for "the interests of the child" would be accomplished and not "termination" of fetal/neonatal life.

Texas law restricts pure termination to 24 weeks. A true lethal malformation could have induction of labor at any point along the time line of pregnancy and not be illegal. Termination of tri-21 at 26 wks would not be permissible under usual circumstances.

Since I have not read other threads indicating information about the fetus, I can't say anything else. I did look at the original case description before proceeding. There are many fetuses who have small heads depending on ethnicity, etc. I see it all the time esp in Mexican-Indian populations. The head alone may not tell you that the baby has impaired prognosis. The other data including chronic abruption tell you that under current physiology death will occur (When - not predicted) if delivery not accomplished. If data or when data is such that you would deliver any other fetus in the same circumstance, then do your delivery as indicated. Prediction of outcome is difficult!

Neo consult I am sure has already been done. They should give their own NICU outcomes to the parents for the gestational age in question.

Hope this helps

Bob

On 30 Dec 2007 at 14:47, R. Daniel Braun wrote:

>
> I did not know that Roe v Wade had been changed on the time limits. Last I knew states could
> regulate abortion from 14 to 28 weeks only to specify that it must be done in a health
care facility. > So it should still be legal in all 50 states. I am not aware that there are many if any
providers > offering it beyond 24 weeks.
>
> Dan

--
Robert J. Carpenter, Jr. MD, JD
6624 Fannin, #2720
Houston, TX 77030
(O) 713-795-4600
(F) 713-795-4422

"Life is difficult" The Road Less Travelled by Scott Peck





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