Hahnemann (Hospital, PA) fights U.S. over late-abortion files

[Pale Blue Dot]

http://www.philly.com/mld/inquirer/news/front/7941886.htm

Hahnemann University Hospital is among a group of hospitals fighting efforts by the Justice Department to obtain the medical records of patients who underwent a type of late-term abortion.

Hahnemann contends divulging the records would violate the medical privacy of its patients. And the hospital, in a court filing, accused the Bush administration of "vindictive and mean-spirited" tactics in seeking the records.

The Justice Department says it needs the records to weigh doctors' assertion that the procedure is medically necessary. It says records could be masked to conceal patients' identity.

<snip>

The Justice Department has demanded patient records from several hospitals used by doctors who, along with the National Abortion Federation, filed a lawsuit against Attorney General John Ashcroft to block the new law.

Orwell would be so pleased....

[Jane Roe]

1. If all late term pregnancy terminations are . . .

done because of extraordinary risks to the health or life of the pregnant woman, then no problem.

On the other hand, when late term abortions are discretionary then Roe versus Wade says that these abortions are permitted to be the government's business. This is just Roe v Wade in action. Support Roe v Wade!

[el_gato]

2. Support Privacy!

It's none of the justice departments business.

[Jane Roe]

4. Some Constitutional law . . .

that you may not be aware of:

"With respect to the State's important and legitimate interest in potential life, the "compelling" point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother."

[FlaGranny]

5. From my knowledge

that is exactly the only reason these procedures are ever performed, when the fetus is not viable and/or the health of the mother is at risk.

No reputable doctor would do otherwise. If the doctor is not reputable, he/she should lose the right to practice.

[Jane Roe]

7. Agree

I think a Democratic candidate would win a lot of votes in a general election by using your post as her soundbite answer for abortion questions in debate with Republicans.

[sangha]

9. Jane Roe is confusing the issue

Though the Constitution does allow the govt to limit the availability of third-trimester of pregnancy, it cannot do so arbitrarily and it cannot do so without some sort of legislation being passed. There has been legislation prohibiting a loosely defined group of procedures known as "partial-birth abortion", but there has been NO legislation that prohibits third-trimester abortion to only those that are medically necessary. JaneRoe's statement concerning medically necessary third trimester abortions is misleading because the legislation allows those abortions even if they are NOT medically necessary. The legislation ONLY limits "partial birth abortions"

[Mandate My Ass]

3. Yeah

whatever...:eyes:

[sangha]

11. Jane Roe is practicing malpractice

On the other hand, when late term abortions are discretionary then Roe versus Wade says that these abortions are permitted to be the government's business. This is just Roe v Wade in action. Support Roe v Wade!

Just not true. The govt is not allowed to peruse private medical records merely because SCOTUS said third trimester abortions can be regulated. Jane Roe is as confused about abortion as his/her namesake

[Mandate My Ass]

12. Jane Roe is a *he*

Yet another interesting FYI about Jane. If you've been following his posts you'll get much more than your recommended daily dose of irony.

[Jane Roe]

15. Untrue

Statutes protecting medical records have exceptions for criminal investigations. (the same type of exceptions apply to atty-client privilege and confidentiality of psychological records).

If third trimester abortions are made illegal in a constitutional way, then medical records of third trimester abortions will be obtainable if the gov't makes a sufficient showing of suspicion of illegal activity. That may not be what is going on right now, but it should be understood that confidentiality of medical records is not absolute.

[Jane Roe]

16. Faulty accusation

I made my opposition to and position on the constitutionality of the so-called PBA act known at:

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=362852

at post #21

I made this post prior to your post on "malpractice" and, whatever our disagreements, I think you will substantially or completely agree with what I previously wrote about the so-called PBA Act.

I understand that it is difficult to follow all the dupe threads (I posted on this dupe problem in this thread). This dupe problem is probably what lead you to your wrong guess about my opinion of the so-called PBA act. Nice try!

Also, in posts #1, 4 and 7, it was clear that I was not referring to the so-called PBA Act and it was misleading to try to make it sound like that is the law I was talking about on this thread. I want Democrats to be more involved in abortion regulation precisely so we do *not* get deeply flawed regulations like the so-called PBA Act.

On edit: this was supposed to be a reply to post #9, but I inadvertently replied to the wrong post. I apologize in advance for any confusion thereby caused.

[Just Me]

6. Right-wingers complained when Rush's right to privacy,...

,...over his medical records was being invaded, but every woman's right to privacy over her medical records can be arbitarily invaded by witch-hunter Ashcroft? Amazing. Even more amazing is that, notwithstanding the lunatic right-wing cult, the ACLU defended Rush's right to privacy,...and the cult still bashes the ACLU. These cultists are anti-freedom, anti-democracy, anti-equality, anti-tolerance, anti-female, anti-secularism and a the most damaging element in this country!!!!

[Jane Roe]

8. lots of dupe threads on this

[loudnclear]

10. If this doesn't get the attention of women,,,nothing will! Beyond facism

If they can get these medical records, no medical records are protected. Can we please get the medical records of men with VD?

[justjones]

13. I hope women who were treated at Hahnemann and any other hospital....

that Ashcroft is seeking abortion records from are on standby to sue the so-called Justice Department. In fact, does anyone know if there are any steps these women can take to make sure their medical records are sealed from anyone except those involved in their direct medical care? There's always the possibility their identities will be disclosed no matter how many promises are made.

Damnit, I hate these bastards more than I thought possible.....:grr:

[Red State Rebel]

14. This article doesn't say it but I heard they aren't asking for...

the patient names, just medical info, has anyone else heard this?