Woman gets more sucked out than she bargained for

That's right, It's all fun and games — until someone gets Aborted

OKgrannie, did you ever have a look at those links in the Fetus still alive after abortion thread, or are you trying to just ignore them ?

 

Did you have a


POINT ?

 

I thought you were pro-education? Doesn't this show that abortions in fact aren't fool-proof and at the very least one should think long and hard before having one? Like maybe an examination to find out if your body is compatible with the abortion?

 

That's more than generous enough.

 

Anecdotal evidence is only accepted in court when it meets certain requirements and must be tested to meet reliability or credibility. Examples of approaches to testing and assessment include the use of questioning, evidence of corroborating witnesses, documents, video and forensic evidence. Where a court lacks suitable means to test and assess testimony of a particular witness, such as the absence of forms of corroboration or substantiation, it may afford that testimony limited or no "weight" when making a decision on the facts.

So no your witness statements will not have far more impact than any research.

Yes I will watch it crash and burn.

Sorry you cannot restrict consent on a person where that person is being injured by another party, in fact the courts will even over rule a person who is being injured by there own consent and still prosecute the offender (State vs Brown. 364 A.2d 27 N.J. 1976 ).

The Ninth Amendment makes no mention of the right to protect dignity of human beings, neither has the 9th Amendment ever been used exclusively on a ruling, the courts usually cite the amendment as a secondary source of fundamental liberties. In particular, the Ninth Amendment has played a significant role in establishing a constitutional right to privacy upon which abortion is built.

The viability point is not unconstitutional in any way, shape or form .. but then you have to attempt to discredit that point because that is the only way Act 301 has an credence, as yet though you have provided nothing to discredit Casey's findings on viability.

Which has nothing to do with the issue.

Which is irrelevant as the court already recognises that involuntary acts can and do cause injuries to others. The law recognizes that both involuntary and voluntary acts can cause harm and injury to other people and that involuntary characteristic of an action does not give its perpetrator any right to inflict harm or injury. As the Model Penal Code notes, "People whose involuntary movements threaten harm to others may present a public health or safety problem." - Source : Model Penal Code - Page 197, The fetus's behavior falls into that category of action in which the law assigns objective fault even without the presence of conscious intention. In this sense, people can be objectively at fault whether or not they have the mental capacity or requisite knowledge to know that their behavior is criminal - Source : LaFave & Scott, Criminal Law Page 212-213 - In the same way the fetus's behaviour is objectively at fault for causing pregnancy, even though it has no knowledge, consciousness, or intention of doing so.

The Legal cause of pregnancy

Pregnancy is not caused by a male. Pregnancy can only be caused by a fertilized ovum. There are two relationships, one is the sexual relationship between a man and a woman, the other is a pregnancy relationship between a zef and a woman.
While a man can cause a woman to engage in a sexual relationship with him he cannot cause a woman's body to change from a non-pregnant state to a pregnant one, the only entity that can achieve that is a fertilized ovum when it implants itself into the uterus (which is the generally accepted start of pregnancy). Thus although a fetus and woman can have a pregnancy relationship they cannot have a sexual relationship, and obviously a man cannot have a pregnancy or sexual relationship with a fetus.
So although a sexual relationship between a man and a woman usually precede a pregnancy relationship between a woman and a fetus the two relationships are by no means the same. what is more, not only is it the fertilized ovum, rather than the man, that joins with a woman in a pregnancy relationship, but it is the fertilized ovum, not the man, that is the primary cause of that relationship. The only way a woman will ever be pregnant id if a fertilized ovum implants itself and stays there, and the only way to terminate the condition of pregnancy in a woman's body is to remove the cause pf that pregnancy; the fertilized ovum (or fetus in later stages). Under the law, therefore, it is the fertilized ovum or fetus, not a man, that is the primary cause of pregnancy.
How to assess causality, whether of pregnancy or any other matter, is one of the most complex questions in the legal field. Often the law must determine cause in order to assess who or what is responsible for events or damages. The law makes that determination by assessing casual links, that is, by identifying the sequence of events, or chains, that explain how or why an event occurred. The law tries to consider only the causes that are "so closely connected with the result" -Source : Prosser and Keeton on the Law of Torts - Page 264 that it makes sense to regard them as responsible for it. In the process, courts distinguish between two main types of causes; factual causes, which explains in a broad context why an event occurred, and legal causes, which constitute the sole or primary reason for an event's occurrence.
A factual cause can be thought of as necessary but not sufficient cause of an event, there are two types of factual cause - 1. casual links, 2. "but for" causes, the former increases the chances that another event will occur but do not cause the actual event itself (Source : Calabresi - Concerning Cause and the Law of Torts - Page 71) and the latter are acts or activities "without which a particular injury would not have occurred", yet not sufficient in itself for its occurrence eg. If a woman jogs in Central Park at ten o-clock at night although such activity increases the chances they may be beaten, raped or murdered, it does not actually cause those events to occur; someone else has to do the beating, raping or murdering. Exposing oneself to the risk of injury, therefore, while it may be a necessary, factual cause of that injury, does not mean it is the sufficient, legal cause. The person who does the beating, raping or murdering are the necessary and sufficient cause of the injuries, and thus are the legal cause.
Among the virtually infinite number of necessary factual causes the task of the law is to locate the one necessary and sufficient cause of the event, that is, the legal cause. The legal cause is "that which is nearest in the order of responsible causation .. the primary or moving cause ... the lat negligent act contributory to an injury, without which such an injury would not have resulted. The dominant, moving or producing cause" - Source : Black's Law Dictionary 6th Ed Page 1225, the legal cause is, therefore, both a necessary and sufficient condition to explain why an event occurred.

This legal distinction between factual and legal causes relates to the distinction between sexual intercourse, cause by a man, and pregnancy, caused by a fertilized ovum. A man, by virtue of being the cause of sexual intercourse, becomes a factual cause of pregnancy. By moving his sperm into a woman's body through sexual intercourse, he provides a necessary but not sufficient condition for her body to change from a nonpregnant to a pregnant condition, not until a fertilized ovum is conceived does it's presence actually change her body from a nonpregnant to a pregnant state. For this reason, since pregnancy is condition that follows absolutely from the presence of a fertilized ovum in a woman's body, it can be identified as the fertilized ovum to be the legal cause of a woman's pregnancy state.
In the case of most pregnancies, men and sexual intercourse are a necessary condition that increase the chances of pregnancy by putting a woman at risk to become pregnant, but the conception of a fertilized ovum in a woman's body and its implantation are the necessary and sufficient conditions that actually make her pregnant. What men cause in sexual intercourse is merely on or the factual sequential links involved in pregnancy; the transportation of sperm from their body to the body of a woman. Moving sperm into a woman's body, however, is not the legal, or most important, cause of a woman's pregnant condition, it is merely a preceding factual cause that puts her at risk of becoming pregnant. Once a man has ejaculated his sperm into the vagina of a woman there is nothing more he can do to affect the subsequent casual links that lead to pregnancy. There is no way he can cause his sperm to move, or not to move, to the site of fertilization, nor can he control whether the sperm will fuse with the ovum or not, for this reason is makes no sense to say a man causes conception, much less that a man causes pregnancy. Until a fertilized ovum conceives an implants itself into a woman's body pregnancy cannot occur. Sexual intercourse, therefore, although commonly a factual cause of pregnancy, cannot be viewed as the "controlling agency" or legal cause of pregnancy. The fertilized ovum's implantation accomplishes that task.
While the man depositing his sperm inside the vagina may possibly set in motion a sequence of events that may or may not lead to the implantation of a fertilized ovum in the woman's uterus, the law does not identify events that set things in motion as the legal cause of eventual consequences.

Sexual intercourse falls therefore under the "but for" factual cause ie without men there would be no sperm; "but for" sperm, there would be no fertilized ova; "but for" fertilized ova, there would be no implantation in the uterus; "but for" implantation by fertilized ova in a woman's uterus, there would be no sustained pregnancies.

A man is a necessary factual cause in the chain of events that can lead to pregnancy .. but a man is not the legal cause
A man depositing sperm into the vagina is- for the most - a necessary factual cause in the chain of events that can lead to pregnancy .. but is not the legal cause.
The sperm fertilizing the ova is a necessary and significant cause in the chain of events that can lead to pregnancy, this is the legal cause.

Factual Cause - http://definitions.uslegal.com/a/actual-cause/
Legal Cause - http://definitions.uslegal.com/l/legal-cause/

This is all wishy-washy nonsense and will have little to no impact in the court room.

As I said I will watch this crash and burn.

 

What is your opinion on that story? Do you feel sorry for her?

 

America's medical care isn't perfect either.

 

Which has nothing to do with what is being discussed.

 

What's the point of discussing the OP?

 

The OP is about a botched medical procedure in India......whether or not America's medical care is perfect or not hasn't anything to do with it.