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Wednesday, October 21, 2009, 4:22 PM
Wesley J. Smith

A blog article over at the Hastings Center opposes legislation that “scripts” what doctors must say during medical counseling. From the column by Howard Minkoff and Mary Faith Marshall, “Government-Scripted Consent: When Medical Ethics and Law Collide” (registration required):

The American College of Obstetricians and Gynecologists’ (ACOG) Committee on Ethics has noted that “free consent is an intentional and voluntary choice that authorizes someone else to act in certain ways . . . Consenting freely is incompatible with [a patient] being coerced or unwillingly pressured by forces beyond herself. It involves the ability to choose among options and to select a course other than what may be recommended.” Though physicians’ beliefs may be legitimate bases for recommendations, physicians are expected to avoid manipulation or coercion. However, potential for undue bias exists even when physicians frame their counseling carefully, since their choice of words, of emphasis, and even of body language unwittingly transmits bias.

So, this is against the end of life counseling in the House version of Obamacare, right?  Of course it isn’t!  It is about a South Dakota law requiring abortionists to tell women that their fetus is a distinct human being:

A recently enacted policy in South Dakota threatens to abrogate the process described above; a consent discussion grounded in dogmatic and uncompromising ideological speech is now the de jure standard in that state. Several articles have focused the medical community’s attention on these newly implemented requirements, which include a script that must be given to a woman prior to abortions. The script asserts, among other things, that the fetus is “a whole, separate, unique, living human being.” It also requires the physician to give the patient a description of all known medical risks of the procedure and statistically significant risk factors to which the pregnant woman would be subjected, including depression and related psychological distress and increased risk of suicidal ideation and suicide—none of which has been scientifically substantiated. In addition, a statement is required that sets forth an accurate rate of deaths due to abortions, including all deaths in which the abortion procedure was a significant contributing factor, and all other known medical risks to the physical health of the woman, including the risk of infection, hemorrhage, danger to subsequent pregnancies, and infertility. The probable gestational age of the fetus at the time the abortion is to be performed and a scientifically accurate statement describing the development of the fetus at that stage must be shared as well.

I don’t know anything about the SD law other than that the authors don’t like it.  But what about Obamacare end of life counseling scripting in HB 3200?   They’re against that too, right?  I might have missed it, but I haven’t seen any objections to that scripted counseling provision–required to be followed if providers want to be compensated for their discussion–from these authors in specific, or the Hastings Center, in general. 

Huh: Go figure.

4 Comments

    Hastings Center Article Opposes “Scripted” Medical Counseling … | Medical malpractice live today.
    October 21st, 2009 | 8:41 pm

    [...] Faith Marshall, “Government-Scripted Consent: When Medical Ethics … Read the original: Hastings Center Article Opposes “Scripted” Medical Counseling … Posted in Art, Uncategorized | Tags: a-sushi-restaurant, column, faith, faith-marshall, [...]

    Hastings Center Article Opposes “Scripted” Medical Counseling … | Medical billing up date today
    October 21st, 2009 | 9:19 pm

    [...] “Government-Scripted Consent: When Medical Ethics and Law … Here is the original:  Hastings Center Article Opposes “Scripted” Medical Counseling … Posted in Art, Law, Uncategorized | Tags: column, consent, ethics, faith, hastings, howard, [...]

    Hastings Center Article Opposes “Scripted” Medical Counseling … | Medical record online
    October 21st, 2009 | 9:39 pm

    [...] Faith Marshall, “Government-Scripted Consent: When Medical Ethics and Law … Excerpt from: Hastings Center Article Opposes “Scripted” Medical Counseling … Posted in Law, Uncategorized | Tags: consent, faith-marshall, from-the-column, hastings, [...]

    Ianthe
    October 24th, 2009 | 11:45 pm

    When trying to prevent my mother from being murdered by a hospital that was dead set on pulling the plug rather than letting her out alive, I called the Hastings Institute, which advised me to speak with the hospital’s “ethics committee.” Well, one of the hospital’s ethics committee had said in a “meeting” early on that she knew of my mother and that she’d never seen a family member understand the patient’s wishes as well as I did my mother’s, then acted as if the hospital’s “guardianship” stunt was the most fun since sliced bread and told me she didn’t remember having said what she’d said, another told me the day before the murder that he’d known about the cancerous nodule in her lung, which had been allowed to spread through her whole body until cancer was only “discovered” after I’d prevailed in court a couple of times, from nine months before, and hadn’t told me about it because “I didn’t think I had to tell you; I didn’t think it was important; I knew she was going to die anyway.” The third one, I seem to have convinced, the day before the murder, of my mother’s actual desire to live, since he said why waste time talking to me, call the State Health Department — as if I already hadn’t just done that — yet again — without getting the needed results. But did this ethics committee member stand up to the hospital? Does the Hastings Committee have any idea how “ethics committees” actually behave? The whole institution of “ethics” is counterproductive at best. I don’t see it defeating the death culture. No one needs a committee or an institute to know and do what’s ethical. All that takes is common sense, brains, backbone, and character. Committees and institutes can’t substitute for that. It’s just a Wizard of Oz shell game — and it’s unconscionable, just as it is that these people are actually being paid and accepting the paycheck, which if they cared about ethics they wouldn’t accept.

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