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3.
Title: Legal responsibility for unsuccessful sterilization.
Author: Hayt E
Source: Hospital Management 109: 12, 14-15, 72. March 1970.
Abstract: Criminal or civil liability may be incurred for sterilization operations for contraception without any therapeutic purpose in states where sterilizations of convenience are regarded as crimes; consent may be a defense against a claim of damages based on a cause of action for assault and battery, but negligence in the performance of the sterilization or a breach warranty as to the result of the operation may constitute a ground for civil damages. When sterilization results as an incident to the implementation of recognized surgical procedures and medical care employed to cure or correct a medical disorder, such procedures can be covered by medical assistance for needy persons. Certain states expressly recognize the legality of medical treatment of which sterilization is a by-product, but few condone a medical or surgical procedure intended to accomplish sterilization. Statutes making lawful the performance of a voluntary sterilization procedure if certain requirements are complied with exist in some states as in Georgia. The statutes of Virginia and West Virginia are described, as are various cases concerning sterilization.
Language: English
Keywords:
ABORTION | UNITED STATES OF AMERICA | FEMALE STERILIZATION | MALE STERILIZATION | LAWS AND STATUTES | UNITED KINGDOM | VIRGINIA | NEW YORK | GEORGIA (UNITED STATES) | IOWA | LITERATURE REVIEW | CONGENITAL ABNORMALITIES | HEREDITARY DISEASES | ATTITUDES | PHYSICIANS | ARIZONA | INDIANA | MISSISSIPPI | NEW HAMPSHIRE | NORTH CAROLINA | OKLAHOMA | SOUTH CAROLINA | UTAH | CONNECTICUT | KANSAS | WEST VIRGINIA | Fertility Control, Postconception | Family Planning | North America | Americas | Developed Countries | Sterilization, Sexual | Europe, Western | Europe | Neonatal Diseases and Abnormalities | Diseases | Psychological Factors | Behavior | Health Personnel | Delivery of Health Care | Health
Document Number: 701612 Notification

5.
Peer Reviewed

Title: Abortion law reform and repeal: legislative and judicial developments.
Author: Roemer R
Source: Clinical Obstetrics and Gynecology. 1971;14(4):1165-1180.
Abstract: Between 1967 and 1970, 3 kinds of modernized abortion laws were enacted in the U.S. Twelve states enacted laws under which abortion is not a crime when performed by a licensed physician if 1) substantial risk that continuance of the pregnancy would seriously impair the woman's physical or mental health, 2) the child would suffer grave defects, 3) in cases of pregnancy resulting from rape or incest. Medical approval by consultants, boards, or committees, is required in 11 of these states. Residency requirements vary. Reform on the federal legislative and judicial level in this period was not significant. The U.S. District Court in Atlanta held unconstitutional those parts of the Georgia law that limited grounds for abortion. Oregon also provides abortion on sociomedical grounds in which the woman's total environment is evaluated. Four states repealed all criminal penalties for abortion provided that abortion is done early in pregnancy and by a licensed physician. The remaining states legalize abortion only to save the woman's life and seldom her health. Seven of the 17 states with new laws set age limits on abortion for statutory rape. Maximum gestational age at which abortion can be performed varies from 16 weeks to 150 days. In 1969 the Supreme Court of California invalidated the pre-1967 antiabortion law on the grounds that the phrase "necessary to preserve life" was so vague as to be violative of the due process requirements and that the state had no legitimate interest in the regulation of abortion which would justify so deep an infringement of the fundamental rights of women. A municipal court held the current California law unconstitutional as violative of the equal protection clause of the Fourteenth Amendment, as vague and improper delegation of legislative authority to the Joint Commision on Accreditation of Hospitals, as discriminatory between the rich and the poor, as lacking the certainty required for a criminal statute with respect to the definition of mental illness and as violative of the fundamental right of the woman to make a free choice of whether or not to bear children. The U.S. Dstrict Court for the District of Columbia invalidated the D.C. statute which made abortion a felony unless performed by a licensed physician for the preservation of the mother's life or health on the grounds of ambiguity violative of due process. Other court decisions both for (the majority) and against constitutionality of antiabortion laws have been made. Internationally, different jurisdictions have also liberalized abortion laws to varying extents. Illegal abortions persist as long as restrictions in grounds or procedures remain. To minimize illegal abortion, women should be educated to seek abortions early and the administrative procedure should be simplified to achieve this objective. Experience in Eastern Europe has been of low mortality from legal early abortion. Continuing education programs for the medical profession and reforms in medical education would reduce uneven application of the law due to the varying attitudes of physicians. Shortage of facilities and medical auxilary personnel may be alleviated by distribution of the operations over different kings of facilities and differently trained personnel. Areas with high or increasing abortion rates are favorable for family planning. A deterrent for repeated abortion is to aid women having an abortion to use effective methods of contraception.
Language: English
Keywords:
UNITED STATES OF AMERICA | ABORTION | LAWS AND STATUTES | CONFERENCES AND CONGRESSES | COMPARATIVE STUDIES | ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | DISTRICT OF COLUMBIA | FLORIDA | GEORGIA (UNITED STATES) | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND | MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA | NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO | OKLAHOMA | OREGON | PENNSYLVANIA | PUERTO RICO | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE | TEXAS | POPULATION LAW | UTAH | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING | EUROPE, WESTERN | EUROPE, EASTERN | North America | Americas | Developed Countries | Fertility Control, Postconception | Family Planning | Studies | Research Methodology | Caribbean | Legislation | Europe | Developing Countries
Document Number: 712277 Notification

15.
Title: Pregnancy, teenagers and the law, 1976.
Author: Paul EW; Pilpel HF; Wechsler NF
Source: Family Planning Perspectives. January-February 1976;8(1):16-21.
Abstract: The past 18 months since the authors previous report have seen a continuation of the trend toward liberalization of laws affirming the right of young people to consent to their own sex-related medical care. They have also seen a trend toward reducing the age of majority of 21 to 18. State legislatures in 7 states, however, have enacted new legislation requiring parental consent for abortions for unmarried minors. With 1 exception courts have invalidated such legislation. These laws were enacted more in connection with other restrictions on the right to abortion than in an effort to limit the rights of minors. By the end of 1975, an 18-year-old unmarried woman could consent to all aspects of her own medical care, including contraception, in 46 states and the District of Columbia. In 48 states and the District she could consent for most pregnancy-related health services and in 49 states and the District to abortion. 2 judicial decisions relating to the rights of young people are of particular importance. A federal court in Utah ruled that the state could not adopt welfare regulations requiring the written consent of a minor's parents before furnishing family planning services. In New York a federal court declared unconstitutional a state statute barring pharmacists from selling nonprescription contraceptives to people under 16 years of age. No court has yet ruled on the constitutionality of provisions in 3 states requiring that parents be notified when an abortion is performed on their daughter. The rights of minors to consent for sterilization procedures remains unclear.
Language: English
Keywords:
UNITED STATES OF AMERICA | ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA | GEORGIA (UNITED STATES) | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND | MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA |