http://en.wikipedia.org/wiki/Buck_v._Bellsterilization of reterded permiscous women CREEPY!!!
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Samantha Schol
Mrs. Lierley
MA101
Wrongful pregnancy
If a person has ever been on an airplane there is a good chance they had to sit next to the screaming baby. That alone would probably make the person who’s ears are still ringing come quickly to the conclusion that they never ever wanted to have children. They would never have to change a diaper, stay up all night and with the baby, or maybe even try to fish a wrist watch out of the S trap of the toilet. Being a parent is really hard emotionally, physically and financially. There are many reasons why people never wanted or stop wanting children so they go to get sterilized(1).
This is where the problem lies there are malpractice suits that have been tried and the health care professional found guilty of negligence and as a result a child was born to a family who did not wish to have a child(2). There is a rule that says a plaintiff can not sue a physician for a wrongful birth if a sterilization procedure was carried out to the best of the physicians abilities and a healthy child was born(1A). There have been biases where a person looking to be responsible with their sexual life and become sterilized have been turned away because of doctors biases(2A). There were rules written back in the 1950’s saying who could get sterilized must have at least 1-3 children or with a history of failed pregnancies or over the age of 40 to delegable to receive sterilization(3A). With the childfree movement becoming bigger and more popular more and more people are looking to sterilization as an answer to their needs who are being turned away by doctors(4A).
Sterilization(3) is the inability to have children by way of medical procedure and are almost always irreversible or the action to cause deliberate infertility of a man or a woman. There are many types of sterilization that are offered many are considered minor surgeries or day surgeries(4). Tubular ligation(5) which is where a woman chooses to have here “tubes tied” referring to the fallopian tubes. She can either have them totally removed and both right and left tubes and cauterized(7) through the vagina which is known as laparoscopy(6). There are also sterilization procedures for men the most popular procedures is called a vasectomy(8) a vasectomy is the excision(9) of the vas deferens(10) that carries sperm from the testicles and to the penis. Many people use sterilization as a means of birth control for many reasons they may have all the children they want or can afford to have and no longer have a need for another baby. They may want to never have children there the women and men are looking for a perminate solution to (11) condoms, birth control pills and IUD’s.
It seems that today with the baby worshiping that society looks down not wanting children. Theses people who are opting for sterilization are people who are taking the responsible steps necessary to reach their goal of being a successful productive person. Theses are people do not want to have to abort a fetus or live with the hanging basket of insecurity of giving a child up for adoption when there are steps that they could take to avoid the conception of the child all together.(13) There are also many women who have had a miscarriage and would like to be sterilized, though their state, health insurance or local physicians dictate that they have at least two to four miscarriages before they will authorize the woman for sterilization. There was a popular practice that women and to be either over 40 or have anywhere from 1-3 children or a history of at least two to four miscarriages to even be seen as an option for sterilization(14).
Which brings us to Seslar v. Chaffee(15). Seslar did not want any children under went an abdominal bilateral salpingectomy(20). A few months later she became pregnant it was discovered that the doctor Chaffee removed her right ovary and fallopian tube but not her left. When she confronted the doctor who did her surgery he told her that he left the left ovary and fallopian tube in because he figured she would want to eventually have children and didn‘t want to deal with her when she came back to find a way to have a baby. She sued and won for the cost of her procedure and the cost to rear her child even though her child was born healthy and happy.
The pervious claims that had gone before that court was dismissed due to the “blessings doctrine”(1A) which was written in the 1930’s and stated that the birth of a child was a blessing and not harmful or intrusive to a parent. This means that a woman or a man can pay full price for a sterilization and not be sterilized because the surgeon thought that they were going to want children later on in life, and didn’t want to deal with the patient trying to get pregnant later on. The few times that people who have had a child, sued and won a case of this caliber in the past was because of birth defects, brain damage, and sometimes death of a child, mother or both because of doctor doing a sterilization procedure incorrectly.(15)
The Seslar v. Chaffee was repealed by Chaffee and the appeal was taken all the way to the supreme court in the state of Indiana where it was found that Chaffee was guilty of negligence and was to pay damages to Seslar.(15) This case was a big case because it was a landmark case and opened the door to other cases dealing with healthy babies born to couples that previously had surgeries and now want to sue for money to help raise their children. It also creates more importance for surgeons, and physicians to do their jobs correctly and provide proper follow up care because if they don’t there will be consequences. This case also overruled the blessings doctrine and this is the first case that a family that was “blessed” with a healthy baby was given monetary damages since the blessings doctrine’s inception.(15)
Doctors have been able to run rabid determining weather or not to provide sterilization to people actively seeking the procedure. Some excuses that doctors have given women that the doctors feel are ineligibles for sterilization are that the patient will change their minds, the patient is too young to know that they want, the patient has not meet the right person yet, the patient should have a few kids first, the patient should come back in a few years, the patient should not have sex if they do not want children, they should use temporary forms of contraception or hostility and refusal from the doctor.(2A)
For a long time a rule of thumb among doctors back in the 1970’s was that a woman had to be over the age of forty with no children.(3A) Another rule of thumb was a woman must have a Sycuans documented history of multiple miscarriages in one state the woman had to have at lest 5 miscarriages with zero viable children to be eligible for sterilization.(3A) In the 1930’s the only way a woman could be sterilized is that she had to have no children with a documented history of miscarriages or ovarian cancer. This rule the woman who wants a sterilization procedure due to other reason besides ovarian cancer must also must be married and the woman’s husband has to consent for her to get her tubes tied.(3A) Although during that time frame the unconsented sterilization of men and women who were considered to be promiscuous and retarded because they did not want retarded people to breed.(16) But women who desperately wanted children of their own had to suffer the devastation of multiple miscarriages because they would not be granted permission to get sterilized.
There is a new movement that gained popularity in the 1960’s and has caught on like wildfire today is living a childfree lifestyle.(4A) Childfree is the new spin on the women who were childless, thought the term childless was meant that the woman was barren and unwanted she was destined to be a spinster though the women had made a conscious decision not to have children. The childfree lifestyle is the lifestyle of never wanting and never having children, finding mates that do not children. Childfree is the new term that people have termed to become more politically correct with their conscious choice not to have children, they are proud that they don‘t have children and want people to know that they are childless by choice. The childfree lifestyle has become so popular it has been discussed on television talk shows like ”The Today/Good Morning America” show(18). There have are many wealthy independent women who are considered role models and popular figures in the past and today who made the decision to be childfree such as Theodor Seuss Geisel aka Dr. Seuss, Katherine Hepburn, George Clooney, Jay Leno, Florence Nightingale, Georgia O’Keefe and Oprah Winfrey(19). Theses men and women made the decision that their personal lives, careers, and relationship with others came before having children and that it would make them happiest never to have children.
The facts are is that women and men are wanting to have more personal time with for themselves, with their spouses, and more independence away from responsibilities and duties of rising children. many people have become more and more comfortable with the decision of being childfree and are proud of it. It is a very sad fact that many of the people who never wanted children are refused services when they have the money to pay for it. Theses procedures that would save fetuses, and eliminate emotional distress and pain of women and men who are refused for sterilization and end up becoming a parent later on. Even when sterilization is obtained doctor error and even sabotage happens to people who get theses procedures done. There are such strict rules and regulations about people who are brain dead and will be a vegetable for the rest of their life being able to pull the plug and letting the patient die. Then why is there such resistance from medical professionals to let a patient make a conscious choice and not bring a life into the world when that is their wish. It seems that if medical professionals are not allowed to pull the plug on a patient on a ventilator and take a life. Then medical professionals should not be allowed to play god and assist in creating life by refusing services to a patient that would render them sterile. When everything is all said and done it is the patients body it is the patient who gets to decide what procedure they would like to have done to their body. (21)
The proof is in the pudding as my mother would say and when a patient is trying to obtain sterilization because he or she is making an informed responsible adult decision and that is more difficult than getting tattoos of the Mary the Holy Mother's face strategically placed on a mans penis then there is something really wrong with the system.
Dorland’s Medical Dictionary (10 different references)
medical assisting textbook Delmar(2 reference)
my dad Jim Schol(1 reference)
Good morning America watched it on television at home(1 reference)
ttp://www.in.gov/judiciary/opinions/archive/07130101.mgr.html(1 reference)
http://thebritgirl.com/2007/03/15/childfree-just-try-getting-sterilized/(1 reference)
Wikapedia.com/(1 reference)
http://www.freewebs.com/childfreelinks/paper.htm (1 reference)
1.Sterilized-Dorlands Medical Dictionary
2. Malpractice suits-
http://www.in.gov/judiciary/opinions/archive/07130101.mgr.html 3. Sterilization definition-Dorland’s medical dictionary
4.Day surgeries-my dad
5.laparoscopy- Dorland’s medical dictionary
6. Cauterized Dorland’s medical dictionary
7.vasectomy Dorland’s medical dictionary
9.Excision Dorland’s medical dictionary
10.Vas deferens Dorland’s medical dictionary
11. Condoms, birth control pills,-medical assisting textbook Delmar
13. About the people who are wanting to get sterilized-
http://thebritgirl.com/2007/03/15/childfree-just-try-getting-sterilized/14 40/unmarried/no children/History of miscarriages rule-
15 malpractice suit-
http://www.in.gov/judiciary/opinions/archive/07130101.mgr.html16 retarded people and sterilization-Wikapedia.com/
18 the today show-the today show watched it at home
19 child free people-
http://thebritgirl.com/2007/03/15/childfree-just-try-getting-sterilized/(20A,B,C) abdominal bilateral salpingectomy
(21) Delmar medical assisting textbook-definition assault and battery
1A. Blessings doctrine
http://www.in.gov/judiciary/opinions/archive/07130101.mgr.html2A. Doctor biases-
http://thebritgirl.com/2007/03/15/childfree-just-try-getting-sterilized/3A. 50’s rules-
http://www.freewebs.com/childfreelinks/paper.htm4A. Childfree-
http://www.freewebs.com/childfreelinks/paper.htm