Talk:Nebraska Amendments

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Medically Relevant

We could use other terms such as "medically significant" or "medically identified" or "medically plausible" "medically credible"

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 TO DO LIST

1. Make sure wrongful death liability extends to facility and it national affiliates with deep pockets
2. Allow standing for persons who receive negligent screening and counseling even if they chose not to abort in order to protect others....as with deceptive trade practice suits where proof of deception was not required, but plaintiff only needs to show that others may be deceived.

Question List

1. How about a legislative finding like:

"That the report "Major Outline of Facts Regarding Negligent Screening" published at http://domainname.com/foldername is an accurate representation of facts which provide a compelling basis for defining a minimum standard of care for pre-abortion screening and counseling.

Legislative Findings

Something along the lines of:

That the principle in Deceptive Trade Practice Law which grants a right to redress deceptive practices even to those who are not deceived is properly applied to good effect to the abortion trade in which their is evidence of widespread consumer dissatisfaction.

This would be accompanied by an amendment to the civil remedies giving standing to a person who did not choose to have the abortion if the screening and disclosure fell below the standard of care.

Definitions 28-326.

We could use PubMed and PsychInfo instead of Thompson Rueters.

Notably, Thomson Reuters does produce patient education brochures called CareNotes System in their health care products division. So there is a private research firm that might prepare the disclosure docs.

Screening and Disclosure 28-327.

discuss here

Abortion Information Depository 28-327.01

discuss here

Forest Plot for RR

Here's a discussion of forest plots and how to make one with Excel and here is an actual [excel template] for making one.

Forest plots : Introduction and explanation Here's an tool for creating a forest plot

Sample #1 forest plot

Checklist Copy Sent to State 28-343

This new provision to send the checklist to the state explains some of the changes to the screening process. Most notably, the woman does not need to sign the form completed by the screening professional in step 4 (c), but rather only in 4(d) when it is retained in the permanent record. That keeps her signature off the copy which would be submitted to the state.

These amendments also are designed to get other information, including the doctor's determination that the abortion is therapeutic, contraindicated or elective (negligible risks, onto the form.)

Moving to "Medically Relevant" ?

OUTLINE

Definition:

8) "Risk factor" and "risk factor associated with abortion" means any factor, including any physical, psychological, emotional, demographic, or situational factor, for which there is a statistically significant association with one or more complications associated with legally induced abortion.

Requirement:

(1) At least one hour prior to the performance of an abortion, a person licensed under the Uniform Credentialing Act as either a physician, psychiatrist, psychologist, mental health practitioner, physician assistant, registered nurse, or social worker has:

(a) Evaluated the pregnant woman to identify if the pregnant woman had the perception of feeling pressured or coerced into seeking or consenting to an abortion;

(b) Evaluated the pregnant woman to identify the presence of any medically relevant risk factors associated with abortion;

Civil Liability

(4) In a civil action involving this section:

(a) In determining liability and validity of consent, the failure to comply with the requirements of subsection 3 of this section shall create the presumption that the plaintiff would not have undertaken the recommended abortion had subsection 3 of this section been complied with by the physician.  ;

(b) Alleged risk factors and complications associated with abortion shall be presumptively be considered medically relevant if at least one published peer reviewed study identifying said risk factors and complications meets all of the following criteria:

• the study identifying the risk factor and associated complication(s) was published in the English language in a peer-reviewed journal indexed by the United States National Library of Medicine's search services (PubMed or MEDLINE) or in any peer-reviewed journal included in PsycINFO,
• the study was published not less than twelve months prior to the day pre-abortion screening was provided;
• the risk factor has been statistically validated such that there is less than a five percent probability (P < .05) that the identified statistical association is due to chance;
• the study was published after 1990 or it was published between 1973 and 1990 and has been registered with the Abortion Information Depository.

This presumption that disputed information is medically relevant may be overcome by a finding of fact that the study was too obscure to be readily identified by persons reasonably familiar with the peer reviewed literature or if credible evidence demonstrates that less than five percent of women of reproductive age would consider the disputed findings both plausible and relevant to an assessment of the risks of abortion.