Re: VBAC discussion

From: Dr Eberhard W Lisse (el@lisse.NA)
Sun Oct 29 11:24:03 2000


Joe, Kathi,

Ah, those shit house laywers at it again :-)-O

Roe vs Wade has nothing to do with defining when a person becomes a person (I think case law has decided that this happens at birth) but says that at that stage (less then 12 weeks) the rights of the mother count more. After viability the fetus has quite a lot of rights.

And if you read your posts again you really don't want it to go the other way, ie 12 bums off the street who are to stupid to avoid jury duty decide that in addition to malpractice a letal outcome constitutes manslaughter, now, do you?

Lastly, to use the word logic in the same context with the US legal system defies comprehension.

el

At 09:17 29.10.00 -0600, DoctorJoe@aol.com wrote:

>In a message dated 10/29/00 8:33:24 AM, kdew@bellsouth.net writes:
>
><< People have the right to be wrong, the right to their own opinions and the
>right to place themselves in danger. One could argue that the fetus should
>not be placed in a dangerous predicament (i.e. home VBAC) but the US has
>determined that the fetus has no rights (see Roe v. Wade) I'm waiting for
>some shrewd malpractice defense attorney representing a provider being sued
>for actions resulting in fetal damage to use the defense that the US Supreme
>Court has determined that the fetus is a "non-person", therefore how can one
>harm a "non-entity?" >>
>
>The logic of this position is extremely powerful. Once you make the decision
>[and I'm NOT saying it's good or bad... I'm just saying from a logic
>standpoint you decide the fetus either has no rights or rights subservient to
>the mother's - so don't flame me, either], then how can you force a woman NOT
>to drink, NOT to take drugs, NOT to have "safe" prenatal care (as you define
>it), yada, yada, yada? There seems to me to be no logical way you can argue
>the fact, since the mother can do whatever she wants to herself, and the baby
>necessarily takes a back seat.
>
>Joe P





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