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Medical Emergency Exceptions in State Abortion Statutes: The Statistical Record
Physicians have not abused abortion emergency exceptions. Both subjective and objective standards for medical emergencies in abortion laws result in similar reported emergency rates, impacting abortion statute drafting.
Area of Science:
- Medical Law
- Public Health Policy
- Reproductive Health
Background:
- Abortion statutes often include medical emergency exceptions.
- The interpretation and application of these exceptions warrant examination.
Purpose of the Study:
- To assess the potential abuse of emergency exceptions in abortion statutes.
- To determine if subjective versus objective standards impact reported emergency incidence.
Main Methods:
- Analysis of statistical data on abortion reporting requirements.
- Comparison of reported emergencies under different legal standards.
Main Results:
- Physicians complying with reporting requirements have not exploited medical emergency exceptions.
- Objective standards ('reasonable medical judgment') did not correlate with fewer reported emergencies than subjective standards ('good faith clinical judgment').
Conclusions:
- Evidence does not support widespread abuse of abortion emergency exceptions by physicians.
- The choice of legal standard for medical emergencies does not significantly alter reported incidence, offering insights for future abortion legislation.
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