Any expert here on parental notification?

[question everything]

On the GD we had a thread about the aftermath of Prop. 73, and someone wonder whether, if there are complications, will a parent then be told the reason for that. I would think that by then we are no longer talking about this issue - after all, the cells were removed, but wonder whether there are more knowledgeable people here

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=2251163&mesg_id=2252811

[Xithras]

1. Yes, the parent would be told

Happened to my sisters best friend in high school. She got pregnant, had an abortion, and got an infection. When she was taken to the hospital, the doctor informed her parents of the cause of the infection.

There's no inherent legal right to privacy in regards to abortion. State laws say that parents have to approve of any non-emergency medical procedures beforehand, and abortion is only an exception because of court rulings. The doctor or clinic performing the abortion is generally prohibited from disclosing the abortion procedure itself to the parents after the fact because of doctor/patient confidentiality laws.

Those confidentiality laws ONLY apply to the doctor or clinic providing the abortion though. If there are complications and another doctor (such as a pediatrician, ER physician, or the girls OB) discovers that they were caused by an abortion, there's nothing to prevent that doctor from informing the girls parents as a part of a standard update on her condition. Even if the doctor who originally gave the abortion diagnosed the problem, there's a strong possibility that he/she would be required to disclose the condition and its cause to the parents. Courts have ruled that girls do NOT need parental consent or notification before abortions, and that the abortion and related treatment are exempt from standard notification laws. When the treatment moves away from those specific exemptions, as would be the case if a girl developed a systemic infection or some other major complication after an abortion, the treatment probably would not qualify as a part of the abortion procedure anymore, bringing parental notification requirements back into force.

Short of offering full medical emancipation to pubescent teens, there's no real solution for this. Legally, minors can't get medical treatment without parental approval. Doctors, in turn, are required to tell patients or their guardians about the causes of a medical condition as a part of the treatment. Any doctor who recommended a treatment to parents while hiding the cause of the problem would find himself slapped with a malpractice suit before the minor was even released from the hospital. Without any legal recourse to back up his decision, the doctor would lose every time.

[Journeyman]

2. Thank you for that very lucid explanation . . .

I had wondered about some of the issues you explained during the lead-up to the election, but never found the info in quite so understandable form as you provided. Thanks. You filled many gaps in my knowledge.

[question everything]

3. Thank you for a detailed explanation

I would hope that a social worker would be involved, also, in case the pregnancy resulted from an abuse by a family member, or in case the girl may be kicked out the house.

And, of course, that the girl would be told so that she would know what to expect when her parents are rushed to the hospital.