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"Reckless endangerment" of the fetus by home VBAC and more From: 530rose (530rose@email.msn.com) Sun Oct 29 13:17:29 2000 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Danny Tucker: "Delay until conception after hysteroresection" Previous message: Bernard Cristalli: "Re: 'non person' (was: VBAC discussion)" For me, the problem with the idea of "reckless endangerment" for a mother engaging in behavior that could be interpreted as endangering the well-being of her unborn child is the scope of interpretation. For example, consider the diabetic mother who does not follow the recommended regimen of blood sugar control. A well known risk for birth defects, stillbirth, and in the case of gestational diabetes, macrosomia. The macrosomic baby of a gestational diabetic has a traumatic birth due to shoulder dystocia and has long term neurological sequelae. Did the mothers failure to control her blood sugar constitute "reckless endangerment?" There are millions of similar scenarios. How is the preceding outcome different from the risk of a home VBAC? Where would the line be drawn, and by whom? Fran Wilson ARNP Certified Nurse Midwife Wild Rose Women's Clinic Kennewick, WA >----- Original Message ----- From: "Dr Eberhard W Lisse" <el@lisse.NA> To: "Multiple recipients of list OB-GYN-L" <ob-gyn-l@mail.medispecialty.com> Sent: Sunday, October 29, 2000 10:24 AM Subject: Re: VBAC discussion > 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 > Next message: Danny Tucker: "Delay until conception after hysteroresection" Previous message: Bernard Cristalli: "Re: 'non person' (was: VBAC discussion)"

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