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  • Unknown Member

    Deleted User
    April 11, 2023 at 5:07 pm

    I cant think of an effect from Dobbs that would bear on my report.

    • janamicb_883

      Member
      April 11, 2023 at 6:13 pm

      I can. When interpreting a first trimester OB US for potential miscarriage, a study detects no evidence of fetal cardiac activity. Can a state’s prosecuting organ try to prosecute the radiologist arguing the motion artifacts on B mode could constitute cardiac activity? And if, relying on the radiologist’ report, the OBGYN team prescribed M&M, it could be a mess. 
       
      Updated to add potential charges: negligent homicide in fetal-personhood states.

      Quote from uncleduke

      I cant think of an effect from Dobbs that would bear on my report.

      • toumeray

        Member
        April 11, 2023 at 6:28 pm

        Motion artifact mimicing fetal heart beat, or “questionable heart beat” was always a potential downfall of OB ultrasound especially since many of the diagnostic criteria for pregnancy failure rely on its absence – tough argument to make in court though since there is usually a clear difference between motion artifact and a rhythmic fluctuation on M mode (guessing you meant M mode not B mode).  
         
        Previously it could relate to wanted pregnancies erroneously being called failed, which could lead to methotrexate prescriptions and potential malpractice lawsuit, if there was clearly a heart rate present. 
         
        Ultimately, abortion laws dont really change anything – if there is no heart rate present it should be reported.  If there is a questionable heart rate (rare in my experience) you can report questionable heart rate.  Cine clips can help show potential cardiac motion even if a convincing M-mode wave cannot be obtained.  

        • adrianoal

          Member
          April 12, 2023 at 9:55 am

          yeah, Dobbs didn’t change anything regarding this I don’t think. 
           
          IANAL, but don’t think it changed the legal status of the fetus. Doesn’t mean states won’t now make draconian changes along those lines. Although hopefully things are turning on that front now that Republicans are seeing what it’s doing to them, and, while I don’t expect TX et al to roll back their pro-life laws, would hope we don’t see things get worse than they already are.
           
          Quick google search indicates death of a fetus could already be considered murder, in certain circumstances, both as a matter of federal law and at least in California, state law. I assume many other states have similar (or more strict) laws.
           
          [i]In California, the killing of an unborn child (fetus) is murder and is covered under Penal Code Section 187. The California Supreme Court has ruled that knowledge of the existence of the fetus is not required to convict of murder ([i]People v. Taylor (2004) 32 Cal. 4th 863, 868[/i]).[/i]
           
          [i]CALCRIM 520 (California Criminal Jury Instructions) defines a fetus as an unborn human being that has progressed beyond the embryonic stage after major structures have been outlined, which occurs at seven to eight weeks of development.[/i]
           
          [link=https://www.lacriminaldefenseattorney.com/legal-dictionary/f/feticide/]https://www.lacriminaldefenseattorney.com/legal-dictionary/f/feticide/[/link]
           
          [link=https://en.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act]https://en.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act[/link]

          • Unknown Member

            Deleted User
            April 12, 2023 at 10:18 am

            we calls it like we sees it.
             
            If someone with political motivations tries to f*** with us afterwards, we’ll deal with it then, and not let that influence how we do our job.