wat0n wrote:It depends, really.
No, it does not.
Was that back surgery absolutely necessary for you to get back to normal?
Are you aware of any other indication for back surgery?
"Back to normal" might be a stretch, usually the goal is to increase function/decrease chances of progression and/or decrease pain. "Back to normal" might be the ultimate goal and achievable on a fraction of cases, but unlikely. Oftentimes back surgery requires installation of hardware that limits mobility of the joints (fixation) and thus makes it impossible to be "back to normal" (pun not intended).
Was your death or paralysis the result of the surgeon's malpractice?
How could this possibly be relevant at all.
You may want to read this article and also this paper, they deal with that kind of situation.
The situations described there are not parallel to what I described to you. They are talking about conditions that directly lead to the death of someone. The scenario that I illustrated, the initial injury does not directly lead to the final injury/death.
If your death or paralysis during surgery was inevitable, or close to it, yes, I'd be facing the corresponding charges. I would not if your death or paralysis was the result of malpractice.
You are incorrect.
Furthermore, you don't seem to have a firm grasp of what malpractice is. A complication in the OR is not necessarily equal to malpractice. For malpractice, you must demonstrate that the doc was negligent and that somehow that negligence lead to the injury.
How about just aborting it instead of stabbing it?
We have gone through this many many times. In the case of a 37w pregnancy, this is a term pregnancy. Abortion loses meaning.
Indeed.
Elaborate?
So then it would not be justifiable to terminate the pregnancy by killing the fetus, would it?
Again, the specifics of the situation matter.
Because that's my point.
Doubtful.
You can't just expel the person from your house by shooting them on the face without at least trying other methods, if those were feasible (to leave the cases in which someone can be presumed to be there as an aggressor, e.g. if he just got inside after forcing a lock, aside). You can't just claim he was inside your property, even more so if you had allowed him in beforehand.
I don't see how this changes anything. Are you suggesting that there is a way by which a pregnancy can be terminated and that a fetus, say ~20weeks can be reliably and reasonably kept alive? Are you suggesting that the whole of the medical community is holding back and intentionally killing all these fetuses?
So then doctors are indeed not simply "respecting all the patient's wishes when it comes to her treatment", but actually balancing interests (even if the mother's interests take precedence). Why else would this doc be "rogue" if he was just abiding by this principle (the woman's bodily autonomy is sacrosanct) strictly?
I am struggling to see what you are trying to say with that sentence.
I'm assuming that for some reason delivery would lead to the woman's death and an abortion wouldn't.
Depends of the circumstances. That's not always the case.
Even if she wants to abort a 37-week fetus?
Again, abortion loses meaning at this stage, this is a full-term pregnancy. Its like saying "aborting a landing attempt" when the plane is already on the hangar.
No, we shouldn't respect everything she wants. If as you said there was a way to transfer the fetus outside the woman without killing it, we would do so even if the woman wanted to abort it for whatever reason.
At this point you are arguing with yourself.
Tell me, how many docs/clinics and pregnant women do you know that are performing 37w abortions routinely?
Guidelines can be based on gestational age. It's not outrageous, at all.
Guidelines are not and should not be provided by a court. This should be left to the actual experts on the matter.
I'd also not say the last one is arbitrary.
It is all arbitrary. Even if we could pinpoint the exact moment at which a particular fetus "becomes a person", not all pregnancies develop at the same exact speed, there will be variation. It is OK to have a degree of arbitrarily, but we must be mindful of why it exists and that it is in fact arbitrary. Same thing with the 18y adulthood discussion we had earlier. It is OK to have an arbitrary number, it is not OK to assume that this has any sort of biological meaning, it is, after all, arbitrary.
It literally says the fetus has at least as a good chance of surviving and being discharged as if labor started naturally. How is this arbitrary, when inducing birth would match naturally-started birth as closely as possible?
I don't know WTF you talking about in this statement/question?
I'd expect courts to follow.
This is optimal..., several decades' worth of fighting back and forth about wether we can use a woman as an incubator and for how long and how to prosecute doctors that help that woman terminate a pregnancy and the decisions about the outcomes of these cases will be made by mainly old dudes that have no training in medicine or biology.
She may indeed be seen by a psychiatrist and if the call was that she's competent I'm guessing the request would just be denied as unethical.
Actually, physicians don't determine competency. That is a legal term and is determined by judges. Perhaps what you mean is capacity (a psychiatrist is not needed but often time involved for this). Anyhow, your guess is as good as mine, the specifics of the case should be known. Assuming this is an otherwise healthy person with no other medical and/or psychiatric illness other than a weird fetish for having 37w abortions, she would likely be expectant management +/- consideration for induction of labor.
Not in the 37-week case.
In all cases.
So you're basically treating the fetus as a person here. Do you realize it?
To the extent that can happen is purely by coincidence and not the deciding factor of this. My approach would be identical if the woman was carrying a dog inside her uterus. There is no need to stab the dog inside her, there is no need to steb the dog outside of her, if she wants to abort the dog she can and finally if she is at term with the dog she can just deliver the dog.
If this is your backdoor way of "showing" that a fetus is a person, it is irrelevant, just as I told you yesterday, the day before yesterday, and several weeks ago.
Did you see the suicide attempts stat among rape victims I posted?
13% of them seemingly survived a suicide attempt, possibly 1% died based on a paper on the CFR of suicide attempts. What makes you believe pregnancy wouldn't make these probabilities greater?
It is irrelevant.