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The Right of Privacy Protects the Doctor-Patient Relationship
Michael H. Shapiro
University of Southern California Law Center Los Angeles
JAMA. 1990;264(2):183.
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| Since this article does not have an abstract, we have provided the first 150 words of the full text PDF and any section headings. |
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To the Editor.—
There is a plausible legal and moral case for respecting a woman's decision to have an elective abortion and for protecting her conversations on that matter with her physician, as Annas and coworkers argue.1 But referring to the decision as a "medical judgment" carries a risk of misunderstanding.
Although the authors observe that the abortion decision is a "moral decision," they invoke Roe v Wade's ill-advised remark that before viability "the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician."2 This claim in Roe was unnecessary to the decision and reflects a conceptual error that eventually may produce a normative error, and it would have been well if Annas et al had clarified the meaning of "medical judgment." (Taken seriously, Roe's claim suggests the possibility of a veto by the physician, which is clearly
. . . [Full Text PDF of this Article]
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